Cherfilus-McCormick resignation makes some Democrats regret vote to expel George Santos

Rep. Sheila Cherfilus-McCormick's resignation has some Democrats fuming about what they say was an unfair process and even expressing buyer's remorse about voting to expel George Santos from Congress.Why it matters: Lawmakers' frustrations about a lack of due process in both cases threatens future efforts to remove House members over accusations of grave misconduct.Rep. Nancy Mace (R-S.C.) told Axios she will "do [a] privileged motion next week" to force a vote to expel Rep. Cory Mills (R-Fla.) over allegations of domestic abuse, financial misconduct and stolen valor.But even some Democrats say they are not comfortable taking such drastic action against Mills while he remains under investigation by the House Ethics Committee.Mills, who has denied the allegations, told Axios' Kate Santaliz on Tuesday that — unlike Cherfilus-McCormick (D-Fla.) — he will not resign.State of play: Cherfilus-McCormick announced her resignation on Tuesday afternoon just moments before the Ethics Committee was set to recommend sanctions against her.The panel found her guilty last month of a litany of charges, most notably funneling $5 million in misallocated COVID funds to her campaign, for which she is also under criminal indictment.Cherfilus-McCormick, who has denied wrongdoing, complained that the Ethics process was unfairly tilted against her because she could not adequately defend herself while awaiting her criminal trial.Many Democrats said they were prepared to vote to expel her as soon as the Ethics Committee made its recommendations, but her fellow Congressional Black Caucus members remained some of her most staunch public defenders until the end.What they're saying: "I think we're going a little too far when we start expelling members who ... fall victim to an indictment, but before they have been convicted or pleaded guilty," Rep. Hank Johnson (D-Ga.) told Axios.Johnson added that "we have gone a little too far with starting that precedent with George Santos, and I regret my vote to expel him even after the Ethics Committee had rendered its report.""That's the reason I didn't vote for it, wouldn't vote for it now," said Rep. Jonathan Jackson (D-Ill.), one of just four Democrats not to vote for Santos' expulsion, who told Axios he has had conversations with colleagues who regret their votes.Rep. Emanuel Cleaver (D-Mo.) said he has also had discussions along those lines, telling Axios, "I feel strongly about that as well ... We ought to be extremely careful about due process."Flashback: Santos (R-N.Y.) was expelled in 2023 in a 311 to 114 vote after the Ethics Committee accused him of a "complex web of unlawful activity" involving his finances.Jackson and Reps. Al Green (D-Texas) voted "present" on the expulsion resolution, while Reps. Bobby Scott (D-Va.) and Nikema Williams (D-Ga.) voted with 112 Republicans against it. All four are CBC members."Bobby [Scott] said, 'Hey, I'm not going to vote to expel anybody if they didn't have due process,'" Cleaver told Axios on Tuesday.Santos later pleaded guilty to charges of wire fraud and identity theft and was sentenced to 87 months in prison, but was pardoned by President Trump.What to watch: Axios spoke to more than half a dozen Democrats who said they have serious reservations about voting to expel Mills before his Ethics Committee process is concluded — or even after that."Why we think we should get in front of cases, judges, charges, juries, is beyond me," Rep. Sydney Kamlager-Dove (D-Calif.) told Axios.She added: "I think Nancy Mace and Cory Mills should take it outside instead of wasting the people's time getting revenge because they're both pissed."Yes, but: Other Democrats signaled that Cherfilus-McCormick's resignation has actually warmed them up to the idea of ousting Mills."I think we're setting new standards, and the standard has got to fit for everybody, Democrats and Republicans," said Rep. Greg Meeks (D-N.Y.).