What the indictment means for Rep. George Santos: Will he be kicked out of Congress?

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House GOP leaders say George Santos needs to 'face the charges that he has'

House Republican leaders reacted to the federal indictment of Rep. George Santos, R-N.Y., on Wednesday, declining to call for his resignation while his case will "play itself out." (CBS Pool)

House Speaker Kevin McCarthy is getting calls to expel Rep. George Santos after his indictment Wednesday.. 

Expulsion is not up to the speaker, but history plus the dynamics of the House make Santos' immediate expulsion unlikely.

The reason? Though he has a long list of lies and alleged frauds, Santos has only been indicted, not convicted. 

The indictment unsealed Wednesday brought 13 charges against the congressman, including seven counts of wire fraud, three counts of money laundering, one count of theft of public funds, and two counts of making materially false statements to the House of Representatives. Santos was arrested ahead of a Wednesday afternoon arraignment. 

GEORGE SANTOS IN CUSTODY, FEDERAL INDICTMENT UNSEALED AHEAD OF FIRST COURT APPEARANCE

Rep. George Santos walks through the crowd gathered outside the courthouse where former President Donald Trump would arrive later in the day for his arraignment on April 4, 2023, in New York City. (Drew Angerer/Getty Images)

Santos entered a not guilty plea and was released on a $500,000 bond.

His fate in the House will likely be in limbo as his court case proceeds.

The House and Senate have only expelled a grand total of 20 members since the beginning of the republic. Five of those were House members. Many expulsions stemmed from lawmakers siding with the Confederacy during the Civil War. 

The mechanics for expulsion set a high bar, which is why members of Congress are so rarely kicked out.

Article I, Section 5 of the Constitution requires a two-thirds vote to expel a member. Considering the bipartisan antipathy for Santos, expulsion would not be out of the question. But multiple members facing indictments have continued to serve over the years. 

GEORGE SANTOS PLEADS NOT GUILTY TO FEDERAL CHARGES DURING FIRST APPEARANCE IN COURT

However, some have resigned after they pleaded guilty or were convicted.

The House last expelled two members after they were convicted. The House expelled Rep. Michael "Ozzie" Myers, D-Pa., in 1980 after he was convicted of bribery charges in connection with the Abscam scandal. The House booted Rep. Jim Traficant, D-Ohio, in 2002 after he was convicted of bribery, racketeering and tax evasion.

The Senate was on the verge of expelling Sen. Bob Packwood, R-Ore., in 1995 because of sexual harassment allegations, but he resigned before the vote. 

Rep. Duncan Hunter Jr., R-Calif., did not resign immediately after he pleaded guilty in 2019 to misusing campaign funds. Yet Hunter violated House rules, voting after he pleaded guilty to federal charges – and House precedent bars lawmakers convicted of felonies from voting. Hunter finally resigned in early 2020. 

Rep. George Santos applauds during an address by South Korean President Yoon Suk Yeol in the House chamber of the U.S. Capitol on April 27, 2023. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Former Rep. Chris Collins, R-N.Y., pleaded not guilty in 2019 – then changed his plea to guilty and promptly resigned. 

The House usually bars members who are under indictment from serving on committees. However, Santos has not served on committees since early in the Congress. 

So, it’s possible the House could vote to expel Santos if he’s convicted and refuses to resign. But there is a large, bipartisan contingent that wants Santos out of Congress.

Asked by Fox News on Wednesday about Santos' indictment, Rep. Marcus Molinaro, R-N.Y., remarked in the corridors of Capitol Hill: "I can't wait for him to be gone." 

However, whether Santos will be expelled is also about the math. 

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The GOP holds a four-seat majority, and removing Santos would slice into the party's power in the chamber. The seat would be vacant until there was a special election, as no one can be appointed to the House. 

Because Santos represents a swing district that flipped from blue to red, some Republicans may be reluctant to try to expel Santos because of the tight numbers.