Reply #48: U.S House Ethics Rules No. 23, section 10

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http://clerk.house.gov/legisAct/legisProc/rules/rule23.html

U.S. House Of Representatives Rules Of Ethics No. 23, Sec. 10:

"10. A Member, Delegate, or Resident Commissioner who has been convicted by a court of record for the commission of a crime for which a sentence of two or more years’ imprisonment may be imposed should refrain from participation in the business of each committee of which he is a member, and a Member should refrain from voting on any question at a meeting of the House or of the Committee of the Whole House on the state of the Union, unless or until judicial or executive proceedings result in reinstatement of the presumption of his innocence or until he is reelected to the House after the date of such conviction."

The way I read it, even if Delay pleads guilty or no lo contendere to a felony and a sentence of less than 2 years is actually imposed (such as no time served), if it involves the commission of a crime "for which a sentence of two or more years' imprisonment MAY be imposed", Delay has to resign. The way I read it, it's not the sentence actually imposed but if the crime carries with it a maximum possible sentence of two years or more, Delay can't get out of it with just a deal for a plea and no time served. It depends on the type of crime committed. If this is correct, then what is the maximum sentence possible for the crime of which Delay now stands accused? I guess he could try to bargain down the crime to a felony for which only a year's sentence is mandated. But is there such a criminal statute in the books in Texas?