Gov. Receives Cunningham’s Resignation

Former Rep. Randy “Duke” Cunningham has submitted his formal resignation letter to Gov. Arnold Schwarzenegger, asking him to “accept my resignation as one of the many steps I now take to atone for my crimes.”

“I am resigning from the House of Representatives because I have discredited my high office and the party I love,” Cunningham (R-Rancho Santa Fe) wrote in the letter, released Friday by Schwarzenegger’s office.

“Not only have I compromised the trust of my constituents, I have misled my family, friends, colleagues, staff and even myself. I am deeply sorry that I have shamed the Congress in this way.”

Also Friday, a congressional watchdog group said Cunningham should have to forfeit his pension. Cunningham pleaded guilty Monday to taking $2.4 million in bribes, mostly from military contractors, in exchange for steering government business their way. The bribes came in the form of cash, antiques, a Rolls-Royce, access to a yacht, and help with mortgages and other gifts.

Under Office of Personnel Management rules, Cunningham can keep his congressional pension despite the guilty plea. He also will be able to draw retirement pay from his 21 years in the Navy.

Cunningham’s congressional pension would be about $40,000 per year, according to an Office of Personnel Management formula. Only a conviction for a crime against the United States would cause him to lose it, the office said.

Cunningham’s military retirement is unaffected by a civilian criminal conviction, according to a Pentagon spokeswoman, Lt. Col. Ellen Krenke. Cunningham would be eligible for 52% of his final salary from the Navy.

But Cunningham probably will lose Social Security benefits under government rules that withhold them from convicted criminals who have spent more than 30 days behind bars. Cunningham faces up to 10 years in prison. His sentencing is scheduled for Feb. 27.

“A member of Congress who betrays the public trust by breaking the very laws he swears to uphold should not be permitted to keep the hard-earned money of American taxpayers,” said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington. “Congressional felons do not belong on the public dole.”

Sloan released a letter to House Rules Committee Chairman David Dreier (R-San Dimas), asking him to introduce legislation revoking the pensions of felons. Dreier’s office had no immediate comment, and Cunningham’s attorney declined to comment.

According to Cunningham’s letter, dated Thursday, his resignation took effect at the end of business that day. His congressional office is now under the control of the clerk of the House, and Schwarzenegger has 14 days -- until Dec. 15 -- to set a date for a special election.