Indicted Democratic Rep. Henry Cuellar is now facing a bipartisan call to resign from Congress.
Reps. Mike Lawler and Jeff Van Drew on Saturday became the first sitting Republicans to say the Texas moderate should step down in the wake of his federal bribery charges.
Whether Cueller decides to stay or go, Dems will almost certainly be stuck with him on the ballot for the November election — meaning that the charges could potentially help Republicans keep control of the House in 2024.
“If you’ve been indicted by the DOJ, you should resign for the good of the institution,” Lawler (R-NY), a first-term congressman representing Rockland County, told The Post.
“Everyone has a right to their day in court, but with trust in Congress at an all-time low we must hold members to a higher standard and put the integrity of the institution above all other considerations.”
Van Drew (R-NJ), a former Democrat, concurred.
“What concerns Americans most when it comes to corruption is influence peddling, that he would sell the United States down the river to make financial gains for himself,” Van Drew said. “I think he’s not going to be able to really function with this huge dark cloud over him.”
Cuellar and his wife, Imelda, were charged Friday in a Houston federal court over claims they took $600,000 in bribes from an Azerbaijani oil and gas company and a Mexican bank between 2014 and 2021.
The Cuellars were hit with multiple counts of bribery, wire fraud, and money laundering for allegedly accepting bribes through “shell companies” owned by Imelda. The charges carry a maximum penalty of up to 204 years in federal prison.
The two Republicans’ calls came hours after Rep. Dean Phillips (D-Minn) bucked his party leadership by urging Cuellar to leave Congress.
“While the bar for Federal indictment is high, trust in government is at an all-time low,” Phillips told Axios Friday. “That’s why I believe any elected official or candidate facing such charges should resign or end their campaign.”
But House Democratic leadership is standing by Cuellar, a nine-term incumbent in a border district that has been roiled by the migrant crisis.
“Henry Cuellar has admirably devoted his career to public service and is a valued Member of the House Democratic Caucus,” said House Minority Leader Hakeem Jeffries (D-NY) after the indictment was announced.
“Like any American, Congressman Cuellar is entitled to his day in court and the presumption of innocence throughout the legal process,” Jeffries said.
Cuellar won re-election easily in 2022, but his once-solid Dem district has been trending Republican in recent years — and a flip of his seat could keep the House in GOP hands.
Cuellar is vying for his 10th term this November, after winning an uncontested Democratic Party primary in March.
“Since he is the nominee, he could resign from Congress but there is no replacing him on the ballot,” said Texas election lawyer Eric Opiela. If Cuellar dropped out of the race, Democrats would be forced to run a write-in candidate instead, he said.
If Cuellar does opt to resign, Texas state law would not allow Gov. Greg Abbott, a Republican, to fill the seat or call a special election, Opiela said — leaving the seat to sit empty until the next congress is sworn in.
Meanwhile, ex-Rep. George Santos — who was ousted from Congress in December after a blistering report from the House Committee on Ethics alleged he “blatantly stole from his campaign” and lied to donors — had a harsher message for his former colleagues.
“Expel him!” Santos said. “Isn’t that the new normal?”
“But the Democrats won’t do it because if they do, that seat will flip Republican,” he continued. “And the Republicans won’t force it because they lack the testicular fortitude to follow through with what they claim to be their principles.”
