MIAMI — The federal judge in the case against Rep. Sheila Cherfilus-McCormick granted a delay in her trial until February 2027, pushing it well past the 2026 midterms
The decision was made at the request of both the prosecution and defense, which cited an exorbitant amount of files they must sift through to prepare for the case. But Cherfilus-McCormick may still face an early exit from Congress, as her colleagues will soon decide on penalties for her.
The request to move back court proceedings came less than a week before the trial, previously set to begin Monday in a Miami federal court. Cherfilus-McCormick, a Florida Democrat, faces 15 charges that include stealing $5 million in FEMA funds and routing that money toward her congressional campaign. The representative has said she’s innocent of the charges against her.
The letter requesting the delay said lawyers already received more than 1.2 million records that include reports, bank documents and recordings, and have more batches expected in late May or early June, then another in the months following.
“The interests of justice served by a continuance outweigh the interests of the public and the Defendant to a speedy trial,” wrote Judge Darrin Gayles, an Obama-era appointee, in his decision.
The request for delay was submitted by the attorney for Edwin Cherfilus, who is Cherfilus-McCormick’s brother and is also facing several charges related to the alleged theft. Other defendants cited in the request for delay include Cherfilus-McCormick’s chief of staff, Nadege Leblanc, as well as tax preparer David Spencer.
“The material covers information going back years,” public defender Srilekha Jayanthi wrote in the filing explaining the need for additional time. “Due to the volume of the material, defense counsel are having to spend substantial time and resources to ensure this discovery is properly set up for their review and investigation as the litigation goes forward.”
The alleged crimes occurred before Cherfilus-McCormick was elected to Congress, when she was CEO of the family-run company Trinity Health Care Services. According to the indictment, the company delivered $50,578.50 in services during the Covid-19 pandemic, including vaccination outreach to communities of color. But a clerical error resulted in an overpayment, and the indictment alleges Cherfilus-McCormick didn’t make efforts to return the money.
Cherfilus-McCormick also faces a verdict from the House Ethics Committee on April 21, when members will decide how to penalize her afterfinding her guilty of campaign finance rules tied to the indictment. Possible penalties include censure or expulsion from Congress. GOP Rep. Greg Steube’s office told POLITICO he plans to proceed with his expulsion push after the committee completes its work.
Democrats haven’t called en masse for Cherfilus-McCormick to resign. Any changes to the makeup of the House are consequential given the razor-thin margin between the two parties. And expulsion of members is rare, requiring a two-thirds majority vote.
The representative could face up to 53 years in prison if found guilty in federal court. Should Cherfilus-McCormick face and survive an expulsion vote, then she would continue to facea contested primary in what is considered a safe blue district that may change under mid-decade redistricting.