Republican or Democrat — it doesn’t seem to matter. Americans on both sides of the political divide agree that Representative-elect (R-NY) George Santos told such egregious lies that our collective jaws dropped to the ground.

Santos reminded me of a Saturday Night Live character, the pathological liar “Tommy Flanagan,” played by Jon Lovitz. His catch phrase to cover for his lies was yeah, that’s the ticket! Come to think of it, Santos even looks a bit like Jon Lovitz.

Tenor.com.

Santos Tries to Defend Himself

From lying about his Jewish heritage, to telling whoppers about the colleges he attended and his subsequent employment on Wall Street, George Santos knew he was in hot water. So two days after Christmas, he appeared on Tucker Carlson Tonight on Fox News Channel. Perhaps he thought he was entering friendly territory. He was wrong.

Carlson was on vacation, and former Rep. Tulsi Gabbard was hosting the program. Gabbard is a lovely woman and possesses a dulcet-toned voice to go with her beauty, but she nuked George Santos in his interview.

He made mistakes? Forgetting to pick up an item at the grocery store is a mistake. Getting a traffic citation is a mistake. But lying repeatedly about qualifications for office goes way beyond simple “mistakes.”

Republicans are nervous. In fact, Nassau County District Attorney Anne Donnelly, a Republican, is launching an investigation into “the numerous fabrications and inconsistencies associated with Congressman-elect Santos.”

Meanwhile, Democrats are gleefully pouncing. Reps. Ted Lieu (D-CA) and Joaquin Castro (D-TX) called for George Santos to be expelled if he refuses to resign. And Rep. Ritchie Torres (D-NY) introduced the cleverly-named “Stop Another Non-Truthful Office Seeker (SANTOS) Act.” It would require candidates “to disclose under oath their employment, educational, and military history so we can punish candidates who lie to voters about their qualifications.” (No word if it would be retroactive for Democrats who have lied about their past.)

But George Washington University law professor Jonathan Turley, writing in The Hill, says not so fast. Like him or not, Santos must be seated in Congress next month.

What George Santos Did Was Not a Crime

Turley wrote, with a wry smile I’m sure:

“Indeed, if lying were criminal, the House would be hard pressed to assemble a quorum outside of a federal penitentiary.”

He continued:

“The fact, however, is that no congressional district anywhere in the country is guaranteed “an honest and accountable representative.” In fact, it often seems like getting an entirely honest politician borders on the random, if not the miraculous.”

“What many people do not want to admit is that honesty is not a requirement for taking office, as has been proven time and time again.”

Naming numerous legislative liars on both sides of the aisle, Professor Turley cited the 1969 case Powell v. McCormack. In 1966, Rep. Adam Clayton Powell, Jr. (D-NY) won re-election, but also had been charged with misappropriation of funds. The House voted to prevent Powell from taking his seat. However, a nearly-unanimous Supreme Court ruled in Powell’s favor. Chief Justice Earl Warren concluded that because his constituents had legally elected him, and he met the Constitutional requirements for office, the House had no power to keep him from his seat.

Turley then cited United States v. Alvarez, in which the Supreme Court struck down the “Stolen Valor Act.” This involved Xavier Alvarez, who won a seat on a water board in California in 2007. Alvarez, like George Santos, lied about his background, too.

Alvarez had introduced himself to the board with these claims, none of which were true:

“I’m a retired Marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy.”

As a result, federal prosecutors charged Alvarez with violating the Stolen Valor Act. But the Supreme Court ruled that the act, while well-meaning in its attempt to criminalize false claims of of military decorations or medals, violated the First Amendment.

However, lawmakers responded with the Stolen Valor Act of 2013. Still in effect, this law criminalizes false claims about military medals if such statements are made with the intention of gaining something of value.

George Santos is Not Out of the Woods

It appears that the fact that George Santos told some whoppers is not enough to disqualify him from taking his Congressional seat. However, there’s more coming.

The Nassau County, NY, district attorney is also investigating Santos’s campaign finances. Plus, U.S. attorney’s office in the Eastern District of New York is also combing through his finances and financial disclosure filings. They’re wondering why he went from basically nothing in 2020 to millions in 2022, despite his report that he had no assets and a paltry salary of $55K.

If George Santos is found to have committed financial fraud, would Powell v. McCormack also apply? As Professor Turley wrote:

“The investigation by the Justice Department does potentially involve established crimes, if there were unlawful campaign finance violations. However, that will take time to establish and, in the interim, Santos must be seated under the Constitution.”

The good news for the people of the 3rd New York Congressional district is that George Santos has only a two-year term. It’s up to them to decide if they want to boot him from office in 2024.

Featured image: georgeforny.com.