Johnson, R-La., said he has heard Republican lawmakers make forceful arguments on both sides. Some have argued that Santos should have his day in court before an expulsion vote occurs; that has been the precedent in the House so far. Others believe that some of the things Santos did are “infractions against the House itself” and deserving of expulsion.
“And so what we’ve said as the leadership team is we’re going to allow people to vote their conscience I think is the only appropriate thing we can do,” Johnson said. “We’ve not whipped the vote and we wouldn’t. I trust that people will make that decision thoughtfully and in good faith. I personally have real reservations about doing this. I’m concerned about a precedent that may be set.”
A vote on expulsion could occur as early as Thursday, though Johnson suggested it would slip to Friday.
The Republican resolution is sponsored by Rep. Michael Guest of Mississippi, chairman of the House Ethics Committee. It states that the committee’s investigation determined there was “substantial evidence” that Santos violated federal law and the rules of the House, namely by converting campaign funds to personal use and through systemic reporting errors in his 2020 and 2022 campaign’s filings with the Federal Election Commission. It also noted Santos’ lack of candor with investigators, saying he provided them with “misrepresentations and delay tactics.”
“Given his egregious violations,” Santos “is not fit to serve” in the House and should be expelled, according to the resolution.
“The process in which the Ethics Committee engaged was incomplete, irresponsible, and littered with hyperbole and littered with biased opinions,” Santos said.
Some Republicans are holding out hope that Santos will resign before an expulsion vote. But he has been adamant that will not happen.
“To set the record straight and put this in the record, I will not be resigning,” Santos said on Tuesday night.
Johnson’s remarks came after a closed-door meeting among Republicans. There is division within the conference about how to deal with Santos. At least two-thirds of the members present and voting must vote for the resolution for Santos to be expelled.
Rep. Ralph Norman, R-S.C., said “let the people of New York deal with him.”
“He’s already said he’s not running,” Norman said. “Our priorities are misplaced by putting this at the top of the list, and even having a conversation about it. To me, as I told the rest of them, Americans deserve better.”
Added Rep. Bob Good, R-Va.: “This is a terrible, dangerous precedent.”
Rep. Byron Donalds, R-Fla., said he thinks that “if a member gets expelled, it’s because they were convicted in a court of law.”
Rep. Dusty Johnson, R-S.D., joined with most Republicans in voting against expulsion four weeks ago. But this time he will be a yes, he said.
“It’s very clear this guy is a crook,” Johnson said. “His presence is unbecoming of the House. I’ll certainly vote to expel and I think it will be a pretty strong bipartisan vote.”
Rep. Ken Buck, R-Colo., said he voted against expulsion previously because he believed Santos had not received due process to ensure he was treated fairly.
“I thought the Ethics Committee gave him that due process, and he didn’t take advantage of it,” Buck said. “And I think the allegations and the findings that they made are sufficient to vote for expulsion so I will be voting for expulsion.”
Republicans hold a 222-213 majority in the House. If Santos is forced from Congress, New York law will require Democratic Gov. Kathy Hochul to call a special election for his seat.
The governor would have 10 days from the day Santos leaves office to issue a proclamation calling for an election, and then that election would have to take place between 70 days and 80 days from her proclamation.
More than a dozen candidates are already running for Santos’ seat, including former Rep. Tom Suozzi, a Democrat who previously represented the district before an unsuccessful run for governor last year.
___
Associated Press writers Anthony Izaguirre in Albany, New York, and Farnoush Amiri contributed to this report.