'Santos standard' in play as GOP House members seek expulsion of Texas congressman

WASHINGTON — Rep. Anthony D’Esposito, who led the successful drive to expel ex-Rep. George Santos from the House for his alleged crimes, said this week that Democrats should move to expel indicted Rep. Henry Cuellar (D-Texas) as well.

“Members of Congress who disgrace the reputation of this institution have no place serving as legislators, and it is time for the Democrats to hold Henry Cuellar accountable just as Republicans held George Santos accountable,” D’Esposito (R-Island Park) told Newsday.

The federal indictment Friday of Cuellar and his wife marks the first test of the new “Santos standard” for expulsion from the House. It has prompted a divided response among Republicans and Democrats about whether the House also should expel Cuellar, who has not been convicted.

And it raises questions about whether that standard should apply to the White House and former President Donald Trump, the presumptive Republican presidential nominee, who faces four criminal indictments.

The House voted to expel Santos (R-Nassau/Queens) based on his admitted lies about his background, a federal 23-count indictment and a damning House Ethics Committee investigation. The two previous House members who were expelled had criminal convictions.

“The Santos precedent is that a criminal prosecution is not needed to expel a member if the Ethics Committee enforces the ethics laws,” said Kedric Payne, senior director for ethics at the nonpartisan Campaign Legal Center in Washington, D.C.

Federal prosecutors unveiled the indictment Friday against Cuellar and his wife, Imelda, for conspiracy and bribery for accepting nearly $600,000 from an Azerbaijan-controlled energy company and a bank in Mexico, and Cuellar’s advancement of their interests in the United States. The congressman and his wife have pleaded not guilty.

The House Ethics Committee has not issued a statement about Cuellar.

Republicans offered divided opinions about Cuellar, reflecting the split that occurred in the Santos vote.

“I feel that the Republicans have spent the 118th Congress holding people accountable that violate this government and that was one of the reasons as to why we led the charge in expelling George Santos,” D’Esposito said.

“And I think that if my friends on the other side of the aisle want to hold their own party accountable, they should do just that,” he said.

But Rep. Jim Jordon (R-Ohio), who voted against the Santos expulsion, said Tuesday Cuellar's fate should be up to voters. Rep. Tom Cole (R-Okla.), who voted for Santos's ouster, also dismissed the idea of expelling Cuellar.

Democrats defended Cuellar while acknowledging the damaging indictment.

House Democratic Leader Hakeem Jeffries (D-Brooklyn) on Friday praised Cuellar's devotion to public service and said he is entitled to “presumption of innocence throughout the legal process.”

Rep. Pete Aguilar (D-Calif.), the House Democratic Caucus chairman, on Tuesday said, “We know that [Cuellar] is a serious public official, public servant. And I think that's what sets this apart from other issues and the silliness of George Santos.”

He added, “That's why, many of us are treating this a little different: The substance of the allegations is very different, but the individuals are also night and day.”

Rep. Tom Suozzi (D-Glen Cove) said in a statement about Cuellar: “No one is above the law. These troubling allegations must be fully investigated.” 

Republicans accused House Democrats of a “double standard.” 

Suzanne Viar, a National Republican Campaign Committee spokeswoman said, “Democrats had plenty to say about George Santos yet remain largely silent about their own colleague.”

But House Republicans have had their own disputes: House Republican leaders voted against expelling Santos but nearly half their members voted for it.

Some Republicans urging the ouster of Cuellar give Trump a pass.

Rep. Nick LaLota (R-Amityville) on Tuesday sidestepped questions about whether Trump's indictments should bar him from public office. “That's not before the House proceedings,” LaLota said. 

Craig Holman, a lobbyist on ethics for Public Citizen, a consumer and public interest nonprofit, decried the parties' battles over expulsion. “It just shows really sharp, polarized partisan politics, and it has little to do with respecting any standards for ethics,” he said.