Watchdog Group Calls for N.C. Representative Cawthorn’s Expulsion

The Campaign for Accountability has called for North Carolina Representative Madison Cawthorn to step down from his position on the basis of ethics violations. Source.

The Campaign for Accountability, a non-profit and non-partisan watchdog group that holds public figures accountable, has filed an ethics complaint against Madison Cawthorn (R-NC 11). Cawthorn is one of three Republicans alleged by the Campaign for Accountability to have played a role in incitiing the violent attack on the Capitol Building on January 6th, 2021. The organization is also arguing that Cawthorn broke a federal regulation and local law that prevented him from bringing his firearm into the building. 

The Campaign for Accountability was founded in May 2015 to protect citizens’ interests against corruption and misconduct in government officials and high level executives. The nonprofit has several main priorities including federal accountability, state oversight, corporate responsibility, consumer protection, and reproductive rights. Since their inception, the Campaign for Accountability has had several notable successes including their 2016 complaint against Senator Bob Corker regarding insider trading which resulted in a subsequent investigation by the SEC and FBI, and  their 2018 push for an investigation into governmental misconduct allegations against Utah Representative Mike Noel which may have played a part in  his resignation. 

The nonprofit is now setting its sights on holding accountable three Republican Representatives. On January 22nd, 2021 the Campaign for Accountability filed an ethics complaint against Representatives Cawthorn, Gosar, and Biggs and requested an investigation into their actions regarding the attack on the Capitol on January 6th. The complaint alleges that “the members incited a riot as part of a seditious conspiracy to use force to prevent Congress from carrying out its constitutional and statutory duties to count the votes of the Electoral College.” Additionally, the organization has asked the U.S. Attorney’s Office for the District of Columbia to investigate Representative Cawthorn for violation of firearms charges. 

While both Houses of Congress have the power to punish and even expel their own members, it is exceedingly rare for this to happen. Article I, Section 5 in the Constitution outlines this expulsion procedure and specifies that it can only be done by a two-thirds vote of the House members. There are no recent examples of expulsion of a member of Congress, however, between 1797 and 1862 15 senators and 5 representatives were expelled. Other more recent members of Congress have been faced with expulsion, but resigned before any action could take place. Another notable part of the Constitution currently being discussed is Section 3 of the 14th Amendment which states that officeholders can be removed by a two-thirds vote in Congress if they have been found to have engaged in “insurrection or rebellion against the same.” With no recent examples, it is hard to determine the likelihood of any current member of Congress being expelled. Considering the last time the Capitol was breached was by British troops in 1814, it is safe to say that the country is in unexplored territory. 

This uncertainty has not prevented North Carolina Democrats and constituents from calling for Cawthorn’s removal from office. Following the events at the Capitol, a letter signed by N.C. District 11 Democratic Party leaders was sent to House Speaker Nancy Pelosi. This letter entreated her to hold a vote to expel Cawthorn or, at the very least, censure him. Additionally, protestors gathered outside Cawthorn’s office on January 15th demanding his removal from office. However, most recently, the Charlotte Observer’s editorial board made national headlines for calling Cawthorn an embarrassment to North Carolina before proceeding to list some of Cawthorn’s recent mishaps. While it’s clear that Representative Cawthorn is currently a controversial figure in North Carolina and nationwide, the consequences for his actions, if any, remain to be seen.