Rep. Hunter has defined his goals for sixth term
But Republican has an ill-defined future as campaign fraud case moves forward.
SAN DIEGO — Rep. Duncan Hunter (R-Alpine) has set out his agenda for his sixth term in Congress — calling for rebuilding the military, protecting the border, cutting taxes, supporting veterans, protecting gun rights and creating small business jobs.
He’ll have to do it all against uphill odds. The House has changed hands to place him in the minority party — and he’s under a federal criminal indictment with his wife on allegations of misspending $250,000 in campaign funds. They deny the charges.
Hunter will continue to represent the heavily Republican 50th Congressional District after winning the most competitive race of his career, defeating Democrat Ammar Campa-Najjar by about 9 percentage points — significantly closer than the 27- and 43-point victories that Hunter scored in 2016 and 2014.
The win represents continuation of a family tradition, as the congressman succeeded his father, Duncan Lee Hunter, in office. The younger Hunter has forged reputations as a reliable conservative.
“He always grades out high on the issues that are most important to the district,” said Dan Summers, a Ramona resident of 32 years who supported Hunter and is chairman of the American Liberty Forum of Ramona. “What I expect from him going forward … is to support President Trump’s agenda — the border wall, strong military and the proposed 10% tax cut for the middle class.”
As for Hunter, Summer said, “He’s not going to change, it is who he is.”
And for Hunter’s part he’s clearly well-aware of the expectations.
“I am proud of this record, and I intend to make it business-as-usual in working with President Trump for the next two years to achieve more success, especially given the challenge of having a Democrat-led House,” Hunter said in a statement last week.
Hunter and his wife, Margaret, will return to federal court for a status conference related to their August indictment on 60 counts of fraud and misuse of campaign funds for personal expenses such as groceries, family vacations and private school tuition.
Hunter and his wife have pleaded not guilty to those charges, and Hunter has called the indictment a politically motivated witch hunt. Through a spokesman, Hunter also said he is “looking forward to a trial occurring as soon as possible.”
The case will probably be litigated in the months and possibly years to come, barring the parties reach some kind of deal, but it could prove detrimental to his abilities as a congressman.
As a sitting congressman Hunter can still cast a vote and his office can assist constituents with federal agencies, but his political clout has probably waned.
“He is not going to be as effective a member of Congress for very concrete reasons .... He is literally under federal indictment. It doesn’t make him as politically viable,” said Loyola Law School professor Jessica Levinson, pointing to challenges Hunter may face in coordinating and collaborating with other House members.
“He can still serve, but … I would think it is more difficult for him to do what he has to do in the House.”
Under pressure from Speaker Paul D. Ryan, Hunter resigned from all of his posts on congressional committees, which play an important role in fostering debate and helping shape bills. Especially under new Democratic leadership of the House, Hunter is unlikely to resume any committee assignments.
“If it is a fairly complicated case, it is going to be expensive to defend,” said Gary Jacobson, a professor emeritus of political science at UC San Diego. “It is going to be an ordeal for him. It has to be.”
If Hunter is convicted, there is no explicit law or rule that would require him to leave the House.
Even if he receives a prison sentence, House rules recommend but do not necessarily require that he step down from committees or refrain from voting, Levinson said.
A former prosecutor with the U.S. attorney’s office told the San Diego Union-Tribune at the time of the indictment that the Hunters would probably face 21 months to five years of incarceration if convicted.
If Hunter did not resign, and political pressure was not enough to coerce him, the House has a few options at its disposal to punish him.
With Democrats in control of the House instead of Republicans, the degree of punishment could be more severe.
Party leadership could attempt to force Hunter’s removal through expulsion, something that has occurred only five times in the House.
Outside of expulsion, the House could censure or reprimand a member — which would be a more minor private or public admonishment.
Although Hunter’s spokesman declined to comment on whether Hunter would resign if convicted, some of his supporters such as Summers expect him to.
“If Duncan is found guilty, he’s an honorable man .... I would hope he would resign and that would trigger a special election,” said Summers, adding that several Republicans in the district could step up.
Summers also noted he believes Hunter is innocent until proved guilty and expressed concerns about the timing of the indictment, among other things.
If Hunter ultimately resigns or is removed from office, it would probably trigger a special election at the cost of taxpayers to fill the seat.
Given the makeup of the district, it is more than likely a Republican would still be elected to the seat, said Jacobson, adding that the prospect of choosing a different Republican in a special election may be part of what motivated many Republicans to vote for Hunter despite the indictment.
Levinson said Hunter’s reelection sends a message.
“The big takeaway is the words ‘federal indictment’ are not lethal to reelection,” Levinson said.
‘He can still serve, but … I would think it is more difficult for him to do what he has to do in the House.’
— Jessica Levinson,
Loyola Law School professor, on Duncan Hunter’s congressional agenda