I’m afraid I implied in an earlier post regarding New York’s pants-on-fire Congressman-elect George Santos that the House could refuse to seat him or force him to resign. That was wrong. His conduct, while unethical, did not breach House ethics rules because he wasn’t a member of Congress when he lied his head off gulling voters into electing him based on his complete misrepresentation of his background and qualifications. It’s a matter of jurisdiction. Why, punishing him would be like impeaching a former President who was no longer in office!
Prof. Turley, a Constitutional scholar, clarified the situation in a column for The Hill. He wrote in part,
The problem is that, for the most part, he is accused of something that is no crime in Congress: lying…More practically, Santos has constitutional defenses to any effort to bar him from taking his seat to represent New York’s 3rd Congressional District…. [Promised]investigations appear to be premised on the notion that a member of Congress can be denied a seat due to running on false claims….Nassau County District Attorney Anne Donnelly, a Republican, announced an investigation into “the numerous fabrications and inconsistencies associated with Congressman-elect Santos.” She added that “the residents of Nassau County and other parts of the third district must have an honest and accountable representative in Congress. No one is above the law and if a crime was committed in this county, we will prosecute it.”
The fact, however, is that no congressional district anywhere in the country is guaranteed “an honest and accountable representative.”…[Santos] must be seated if he is guilty only of lying about his credentials and background…Many Santos critics cite the fact that the Constitution expressly mandates in Section 5, Article I, that “Each House shall be the judge of the elections, returns and qualifications of its own Members.” Those decisions on the outcome of elections have been treated as largely final and non-justiciable. However, this case is not a question over the counting or certification of votes but, rather, over the claims used to gain votes.





