UPDATED: Republicans Can't Muster Enough Votes for Expulsion

Updated at 10:25 p.m.

The Michigan House of Representatives was at an impasse Thursday night after Republicans failed to get enough votes to oust Rep. Todd Courser, and it was unclear if lawmakers will take a vote on a similar recommendation against Rep. Cindy Gamrat.

A select committee voted, 4-0, to send to the full House a recommendation calling for the expulsion of the two tea party Republicans for misconduct in office and using taxpayer resources to cover up their extramarital affair.

The Detroit News said the House voting board was kept open for more than an hour, but Democrats were withholding the necessary votes to expel Courser.

The unofficial tentative vote early Thursday evening was 67-14, with 26 lawmakers abstaining. To reach the constitutionally required two-thirds majority for expulsion, 73 members would have had to have voted in favor of the recommendation.

In a statement, Michigan Republican Party Chairman Ronna Romney McDaniel said political posturing by the Democrats hurts residents of House District 80, which Gamrat represents, and House District 82, Courser’s district.

“Today is a sad day for the State of Michigan. House Democrats are failing to fulfill their duties and vote either for or against the resolution for expulsion,” McDaniel said. “... It is irresponsible for Democrats to play politics on this issue. It is time to set politics aside and do what is necessary to ensure every Michigan resident will have the effective representation they deserve.”

Brandon Dillon, chairman of the Michigan Democratic Party, said in a statement that though the two representatives’ behavior “has been distasteful and potentially deserving of serious punishment, including expulsion from the House of Representatives, taxpayers in the state of Michigan deserve a real investigation to uncover the entire truth.”

“While Democrats are insistent we get to the bottom of this and let the full truth come to light, Republicans have turned this entire matter into a show-trial in order to distract from the real questions that need to be answered – how much did the Speaker’s office know and to what extent was his office involved in a cover-up?

“It is clear from the little we do know that the committee has gone to great lengths to shield Speaker Cotter and his staff from answering tough questions. The committee needs to get back to work and allow testimony from the fired staffers and anybody in the Speaker’s office who allowed this situation to get to this point.”

Also Thursday, a magistrate judge issued a search warrant ordering AT&T to turn over records from a pre-paid cell phone that Courser claims was used to blackmail him about the affair, the Detroit Free Press reports.

Courser has claimed that he fictionalized the gay sex scandal, figuring it would be so over the top that no one would believe it, and would deflect attention away from the real extramarital affair.

The warrant issued by Magistrate Greg Wise of 71A District Court in Lapeer asks for information about who purchased the “burner” phone, including credit card information, as well as GPS tracking information and the current status of the phone.

Updated at 11:40 a.m.

A special committee voted Thursday to expel two state representatives caught in a sex scandal and cover-up for misconduct and misuse of taxpayer resources.

The fate of the freshmen tea party Republican lawmakers, Todd Courser of Lapeer and Cindy Gamrat of Plainwell, now goes to the full House of Representatives for a vote. Republicans controlling the House have said they want to wrap up the matter this week and could vote on the committee’s recommendation today.

The panel voted 4-0 to expel the two. Two Democrats serving on the committee abstained.

If the House approves the committee’s recommendations, Courser and Gamrat would be the fourth and fifth individuals ever to be expelled from the Michigan Legislature in the state’s 178-year history

The special committee was appointed after the extramarital affair and cover-up were exposed by The Detroit News last month.

Catch Up on This Story:

• State Rep Wanted to Cover Up Affair With Fake Gay Sex Scandal
• Rep. Courser’s Brother Posts Alleged Blackmail Texts Online
• Not My Finest Moment’ – State Rep Apologizes for Fake Sex Scandal Scheme
• Legislators Not Quitting, Ex-Aide Shares Steamy Details of Affair
• Lawmakers OK Inquiry into House Sex Scandal and Cover-Up
• Select Committee to Decide Fate of Lawmakers in Sex Scandal: Read the Report
• Watch Sex Scandal Hearings Live: Gamrat Expected to Admit Guilt to Keep Job
• Courser Pleads for His Job, Says His ‘Heart Is Sincere’: Watch the Hearing

The affair itself didn’t rise to the level of expulsion, committee members said, but a cover-up attempt that included distribution of a phony email alleging Courser had been caught having sex with a male prostitute behind a Lansing night club was “quite possibly the most bizarre attempt at misdirection seen in the history of this Legislature,” Brock Swartzle said in testimony earlier this week.

Swartzle is the chief lawyer for the Michigan House.

“This episode must be put behind us,” McBroom said. “Neither representative has in my mind convinced me that they will be able to regain the public trust.”

Committee vice chair Rep. Kurt Heise, R-Plymouth, said the conduct of the two lawmakers “is something that has brought disrepute and scandal upon this institution.”

It’s unclear if enough support can be mustered in the full chamber, where Democrats have questioned the legitimacy of the proceedings.

A two-thirds majority is required to expel the lawmakers. A dozen Democrats would have to join ranks with Republicans in the GOP-controlled House.

The committee reviewed audio recordings from two fired Courser and Gamrat aides who shared details of the lawmakers’ scheme to conceal their affair and were interviewed by the House Business Office for its 833-page report. But they weren’t called as witnesses by the committee.

Rep. Frank Liberati, D-Allen Park, who abstained in the vote, said he wanted to subpoena the aides, Keith Allard and Ben Graham.

“I’m just looking for a little air of legitimacy to these proceedings,” Liberati said.

Gamrat’s attorney said she is considering resigning, according to the Detroit Free Press. Courser said he doesn’t plan to resign and was conferring on the House floor with Democrats he expects to vote against expulsion.

Gamrat told reporters Thursday as she was waiting for a decision on her fate the had a deal for censure, but not expulsion after a meeting with House Speaker Kevin Cotter, R- Mount Pleasant, last week.

“Friday afternoon I had a meeting with the speaker’s counsel and I was given a statement and was told that if you don’t sign this statement, it’s going to be ugly... If you sign it, this is what the committee needs for censure,” Gamrat said. “There were no promises in the deal, but it was clear.”

This is a developing story. Check back with Patch for more details.