JUSTICE FOR SANTOS INVOLVES A PROCESS
Some Republicans have entreated House GOP leaders: Can’t we get rid of this guy? Can’t we just kick him out? The guy, of course, is Rep. George Santos, the GOP freshman who won election in the 3rd District of New York by lying about virtually everything in his life. His campaign also operated on what appears to be a very shady financial basis.
But the first revelation of Santos’ fabrications came after he was safely and officially elected. The informal campaign system in which parties scrutinize their own and the opposition’s candidates, and then journalists cover both with a critical eye — that system failed dramatically in this case.
Now, Santos is under investigation by federal prosecutors, state prosecutors, federal regulators and probably others. He will undoubtedly be under investigation for the rest of his term in Congress.
The daily stream of new allegations against Santos has caused more and more figures in the political world to call for his removal from the House. Some are clearly hoping to pressure Santos to quit. If he does not, then they want the House to expel him. And that is where problems arise.
Yes, Santos can be expelled from the House. The Constitution, in Article 1, Section 5, establishes the authority of both House and Senate to get rid of members: “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, expel a member.”
The Constitution does not specify anything else about removal — what grounds would constitute the basis for expulsion, what process would be required before the two-thirds vote, etc. But over the centuries, a process has grown up for disciplining, and sometimes expelling, members of Congress. The process is heavily weighted toward respecting the voters’ decision in sending the member to Washington. It requires time and the adjudication of charges. Rushing Santos out of the House, shortcutting the process, would set a new and dangerous precedent on Capitol Hill.
The House has expelled just five members in all of American history, and it has never expelled a representative for conduct that occurred before that person became a member.
The bottom line is that there is simply no precedent for expelling Santos from the House of Representatives. So far, there are no charges against him. He has not been indicted or convicted of anything.
Still, say Speaker Kevin McCarthy decided to give in to the anti-Santos voices and push for a vote on expulsion. How would members vote? Democrats would certainly like to see the Republican Party’s already slim House majority become even slimmer. Republicans would like to be rid of the Santos embarrassment. But would they vote to expel a member of the House without an indictment or verdict? Without a thorough investigation? And on the basis of behavior before Santos became a member of Congress? Who knows where that might lead in coming years?
The point is expulsion is a serious matter, and it requires a process to determine whether it is warranted, since voters chose the member and, in Santos’ case, the same voters will have a chance to elect another representative in 21 months. A vote to expel Santos now would be a vote to throw out 200 years of experience and process in the House of Representatives. While it might make some members, and some in the media, happy, it could lead to a lowering of standards for expulsion that could consume both parties in the future.
So justice for George Santos will involve process as well as possible punishment. It will not give the instant gratification some in Washington want. But it will be the right thing to do.