Kathleen Gray, Detroit Free Press 7:30 p.m. EDT September 8, 2015

Tears fall as Rep. Cindy Gamrat reads a statement of apology to the state House in a rare disciplinary hearing September 8, 2015, at the State Capitol. Seated next to her is her attorney Michael Nichols.(Photo: Matthew Dae Smith / Lansing State Journal)

LANSING, Mich. — A special House committee could decide the fate of state Reps. Todd Courser and Cindy Gamrat as early as Wednesday, after hearing legal counsel for the House of Representatives recommended Tuesday that Courser should be expelled immediately from office and Gamrat should receive a censure with severe conditions.

"Rep. Courser has failed in miserable and spectacular fashion," said Brock Swartzle, attorney for the House, adding the extramarital affair between Courser and Gamrat didn't rise to the level of expulsion. "But Representative Courser tried to hide his adultery in quite possible the most bizarre attempt at misdirection seen in the history of this Legislature."

The recommendation came after Gamrat offered a tearful apology, admitted to the misconduct and misuse of taxpayer resources and pleaded with a special committee deciding her fate that they censure, rather than expel her from office.

"I'm seeking forgiveness for my transgression, as well as avoiding any further erosion of the respect for this great institution. I'm seeking to pull myself up and out if this situation both personally and professionally," she said. "It's a tremendous honor and privilege for me to serve in the House. I'm sincerely devastated that I've made the mistakes that I've made."

Courser also offered a letter of apology to the committee and is expected to testify when hearings resume at 9:30 a.m. Wednesday. He said he takes responsibility for the cover-up of the affair, noting the actions "did not rise to the honor that has been bestowed upon me as State Representative."

"I sincerely and humbly ask for forgiveness from all those involved," he said. "I ask that you consider a public censure in lieu of expulsion to allow me the opportunity to redeem myself in the public eye and restore the integrity of the state of Michigan."

Michigan state Rep. Cindy Gamrat, a Republican from Plainwell, center right, and her lawyer Michael Nichols talk to the press after the first meeting Sept. 1, 2015, of a special House committee in the Capitol Building in Lansing, Mich. (Photo: Dave Wasinger, Lansing State Journal)

The House special committee heard excerpts of five hours worth of audio recordings made by a former staffer of Courser, as well as a profane, over-the-top email written by Courser to try and cover up the affair and make it seem like a smear campaign against Courser and Gamrat.

They also heard that Courser was a "bully" to his staff members, berating and threatening them and demanding they do things that no staff should endure, Swartzle said.

He also made staffers prioritize political over legislative work, which is a violation of House rules. Courser has blamed his staff and the Republican establishment in Lansing for trying to end his political career.

Asked why Courser should be expelled while Gamrat only faces a censure, which could result in a loss of committee assignments, staff and office expense allotments, Swartzle said, that Gamrat was more of an "accomplice," instead of the principle in hiding the affair. Gamrat admitted that she talked with Courser about was to cover up their relationship, but didn't know of the specifics of the over-the-top email that Courser sent to media and others around Lansing.

State Rep. Ed McBroom, R-Vulcan, chairman of the committee, said he feels there's enough evidence to expel both lawmakers, but that a case can be made for a censure for Gamrat. The committee could make a recommendation to the full House Wednesday or Thursday, but McBroom said he expects to wrap it up this week.

"The grounds for expulsion exist for both, but a case can be made for a censure for one," he said. "There is fair reason to consider it."

State Rep. Kurt Heise, R-Plymouth, said Gamrat's demeanor since the controversy first surfaced last month could help her case.

Reps. Todd Courser, R-Lapeer, and Cindy Gamrat, R-Plainwell (Photo: Michigan House Republicans)

"I think she has played this crisis better than Rep. Courser. She's made some mistakes along the way, but I believe her apology is sincere," he said. "She's not coming in with a bad attitude. She's coming in contrite and remorseful."

But McBroom also said later that Gamrat's testimony was "Akin to someone seeing the writing on the wall and asking for mercy."

"I think there is a lot of desire to see this ended as quickly as possible and the fact that Rep. Gamrat was willing to stipulate to the entire report bolsters what we've been saying all along — that House Business Office has been handling this in a fair, equitable way."

While the case may have been made for some of the committee members to settle on a censure for Gamrat, the same can't be said for their thoughts on Courser.

"He can say what he wants to say. I will listen to him, but whether I'll believe him or not, I don't know," said state Rep. John Chirkun, D-Roseville. "The report said he's done some nebulous things in the past. So I don't know if you can believe him. If he says he has something add, he may just be going to pull a rabbit out of a hat."

McBroom said he extended the invitation to Courser to speak to the committee, "But I've given up trying to predict what Rep. Courser is going to do."

It's pretty unlikely that nothing will be done to the two lawmakers after at least two days of hearings — and possibly three — are completed, Heise said.

The scandal swirling around Courser and Gamrat had been rumored for months, but burst onto the public scene last month when audio recordings revealed that Courser had asked his staff to send an anonymous fake email that he had written, saying he was addicted to drugs and pornography and paid for sex with men outside a Lansing bar. His staff refused to participate in the attempt to make it appear that Courser was the victim of a smear campaign and to downplay the affair he was having with Gamrat. But the email still was widely sent around Lansing.

Courser, in audio recordings and Facebook posts, has said he was being blackmailed and that the emails were an attempt to smoke out the person who was trying to get him to resign from office or risk having the evidence of the affair released to the public. He has released text messages he says both he and his brother have received from the supposed blackmailer.

He also continues to blame his former staffers — two of whom were fired in July and a third who quit in April — and the Republican establishment in Lansing for colluding to end his career as a state representative. Gamrat has apologized for the indiscretion and said she didn't participate in writing or sending the email.

The hearings will be available to view on the House website at http://house.michigan.gov/htv.asp

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