Committee Chairman Joel Hefley, R-Colo., and ranking Democrat Alan Mollohan of West Virginia formed a four-member investigative subcommittee Tuesday to investigate the 1997 incident. McDermott was ranking Democrat on the ethics committee at the time, and the panel was investigating the conduct of then-Speaker Newt Gingrich, R-Ga.

The incident began when a Florida couple taped Rep. John Boehner of Ohio, who was using his cell phone to discuss the case with other Republicans. The tape ended up in McDermott's hands and subsequently was leaked to reporters.

'Malice'

Boehner sued McDermott in federal court. U.S. District Judge Thomas Hogan concluded earlier this year that McDermott was responsible for the leak and ordered the Washington lawmaker to pay Boehner for "willful and knowing misconduct" that "rises to the level of malice." Boehner said the payment could total about $600,000.

McDermott is challenging the ruling in a federal appeals court.

Responding to a complaint filed by Rep. David Hobson, R-Ohio, Hefley and Mollohan said the subcommittee would consider whether "McDermott's conduct violated the House Code of Official conduct," which requires members to conduct themselves "at all times in a manner which shall reflect creditably on the House of Representatives."

The investigative panel also will consider whether McDermott ran afoul of a government ethics code, and committee rules barring improper disclosures and protecting confidential information.

Rep. Judy Biggert, R-Ill., will head the panel. Other members are Reps. Lucille Roybal-Allard, D-Calif.; Phil English, R-Pa., and Robert Scott, D-Va. The subcommittee will report its findings to the full ethics panel, officially the Committee on Standards of Official Conduct.

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