The Michigan House of Representatives was at a standstill on Thursday night over whether to expel two social conservatives who admitted to misconduct in covering up their extramarital affair.
The effort to expel Republican Representative Todd Courser fell six short of the number needed under the state constitution.
Republican Representative Cindy Gamrat also faces expulsion for her role.
Just three legislators have been expelled in Michigan history.
Courser, 43, has admitted sending an “outlandish” phony e-mail to Republican activists and others in May claiming he was caught with a male prostitute. The e-mail was intended to make his affair with the 42-year-old Gamrat appear less believable if it were exposed by an anonymous blackmailer who had demanded his resignation.
The self-smear e-mail called Courser a “bi-sexual porn addicted sex deviant” and “gun toting Bible thumping ... freak” and Gamrat a “tramp.”
Lawmakers, including the more than two dozen who refused to vote, were ordered to stay inside the state House chamber on Thursday. For hours, many milled about the floor as legislative leaders occasionally huddled behind closed doors with members. Just before 11pm, Republicans and Democrats met separately in private caucus meetings.
“These two members have obliterated the public trust. They’ve obliterated the trust of their colleagues. And each day that they continue here they reduce the public trust in this institution,” said Representative Ed McBroom, a Republican who chaired a disciplinary panel that earlier on Thursday urged the expulsions.
Democrats attacked the investigation as rushed and self-serving, and they questioned why two “whistleblower” aides to Courser and Gamrat staffers were allowed to be fired, since the speaker’s office knew of the problems.
They said the matter should be looked into by law enforcement and the former aides subpoenaed to testify to lawmakers.
Seven Democrats joined 60 Republicans to back expulsion. Courser, Gamrat and 10 Democrats voted against.
A vote to expel Gamrat, was on hold due to the standstill over Courser.
Gamrat has said she discussed the plot with Courser, but did not know the e-mail’s sexually explicit content before it was sent.
The scandal unfolded last month after a staffer the couple shared was fired in July.
Ben Graham gave the Detroit News a secret audio recording of Courser demanding that he send the e-mail to “inoculate the herd,” an apparent reference to Courser’s supporters.
While Graham refused and the e-mail was likely legal, the plot was unethical, according to a House Business Office probe that alleged dishonesty, misconduct and misuse of public resources.
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