Some Republicans pleaded with GOP leaders in the House: Can’t we get rid of this guy? Can’t we just throw it away? That guy, of course, is Rep. George Santos, a freshman Republican who won election in New York’s 3rd District by lying about practically everything in his life. His campaign was also based on very questionable financial foundations.
But the first exposure of Santos’ fabrications, published in The New York Times on December 19, came after he had been safely and officially elected. The informal campaign system in which parties carefully examine their own and the opposition’s candidates, and then journalists look critically at both candidates – in this case, the system completely failed.
Santos is being investigated by federal prosecutors, state prosecutors, federal regulators and possibly others. He may soon be investigated by the House Ethics Committee, although there are questions about possible charges against him. He will undoubtedly be under investigation for the rest of his term in Congress.
The daily flood of recent allegations against Santos has more and more political figures calling for his removal from the House of Representatives. Some apparently hope to put pressure on Santos to leave. If he doesn’t, they want the House to expel him. And this is where the problems arise.
Yes, Santos can be expelled from the House. Constitution in art. 1 section 5 establishes the power of both the House and the Senate to expel members: “Each House may prescribe rules of its proceedings, punish its members for disorderly conduct, and with the consent of two thirds, expel a member.”
The Constitution does not specify anything more about removal – what grounds would constitute grounds for expulsion, what process would be required before a two-thirds majority could be obtained, etc. However, over the centuries a process has developed for disciplining and sometimes expelling members of Congress. This process places great emphasis on respecting voters’ decisions to send a member to Washington. This requires time and investigation of the allegations. Ousting Santos from the House of Representatives, shortening the trial, would set a recent and hazardous precedent on Capitol Hill.
Throughout American history, the House has expelled only five members and has never expelled a representative for conduct that occurred before that person’s membership.
The first three members to be expelled arrived in 1861 – two from Missouri and one from Kentucky – when they all joined the Confederate Army during the Civil War. No other member was expelled from 1861 to 1980.
In 1980, the House expelled Rep. Michael Myers, a Democrat from Pennsylvania. On August 30, 1980, a federal jury found Myers guilty of accepting a $50,000 bribe from an FBI agent posing as an Arab businessman in the government’s “Abscam” investigation. The transaction was recorded on videotape. On October 2, 1980, the House voted 376 to 30 to expel Myers.
The last member expelled from the House of Representatives was James Traficant, a Democrat from Ohio who served nine terms. On April 11, 2002, a federal jury convicted Traficant of bribery, obstruction of justice, filing false tax returns, and racketeering. On July 24, 2002, the House voted by 420 to 1 to expel him.
Accordingly, three members were expelled for joining the Confederate army during the Civil War, and two were expelled after criminal trials and convictions. The bottom line is that there is simply no precedent for Santos being expelled from the House of Representatives. In no case was there any verdict against him. So far, no charges have been brought against him. He was not charged or convicted of anything.
Yet, say, Speaker Kevin McCarthy decided to defer to the anti-Santos voices and insist on an expulsion vote. How would members vote? Democrats would certainly like to see the GOP’s already slim House majority become even slimmer. Republicans would like to get rid of Santos’ shame. But would they vote to expel a member of the House without an indictment and verdict? Without a thorough investigation? And based on his behavior before Santos became a member of Congress? Would they like to set a precedent for expelling a quickie? Who knows where this could lead in the coming years?
The point is that expulsion involves a process. This is a stern matter and requires a trial to determine whether it is justified because voters elected a member, and in Santos’ case, those same voters will have a chance to choose another representative in 21 months. A vote to expel Santos now would be a vote to reject 200 years of experience and processes in the House of Representatives. While this may make some members and some of the media content, it could lead to lower expulsion standards, which could cost both parties in the future.
Therefore, justice for George Santos will include a trial and possible punishment. It won’t bring the immediate gratification that some in Washington expect. But it will be the right decision.
