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Why Bobby Scott, a Virginia Democrat, didn't vote to expel George Santos, a New York Republican, from Congress

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WASHINGTON -- The United States House of Representatives voted 311-114 on Friday to expel Rep. George Santos (R - New York) from Congress after a critical ethics report on his conduct that accused him of converting campaign donations for his own use.

More than 200 Democrats and more than 100 Republicans voted in favor of expulsion.

Rep. Bobby Scott (D - Virginia), who has represented Virginia's 3rd District for 30 years, was one of just two Democrats who voted against ousting Santos from his seat.

Following the vote, Scott explained his decision.

"The findings of the Investigative Subcommittee’s (ISC) report on Representative Santos highlights behavior that violates the public trust and demonstrates myriad ways he has disgraced himself and his office. He should have had the common decency to resign," Scott, 76, wrote in a statement. "“The final vote on the Floor was complicated by Mr. Santos’ totally incompetent response to the proceedings. According to the report, he failed to provide a meaningful response to the allegations, he publicly lied about his cooperation, and demonstrated ongoing disdain for his responsibility to comply with campaign and financial disclosure laws. There is also nothing in the record to suggest that he offered an alternative sanction, such as censure, instead of expulsion. Furthermore, the proceedings were complicated by the subjective reality that an overwhelming portion of the House just wanted him to leave, and only expulsion, rather than reprimand and censure, could achieve that objective. In the final analysis, we have to recognize that expelling a Member is one of the most serious and solemn actions Members can take, we have to recognize that precedence will be set. Unlike both prior cases of expulsion since the Civil War, Mr. Santos has not been convicted of a crime, and few of the allegations involve conduct that occurred during his service as a Member of Congress. And unlike the other cases, after the Committee reviewed and considered the evidence, it did not make a recommendation to expel him. For these reasons, I voted no."

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Expulsion requires support from two-thirds of the House, a purposefully high bar.

Of the previous expulsions in the House, three were for disloyalty to the Union during the Civil War. The remaining two occurred after the lawmakers were convicted of crimes in federal court.

Santos made his case for remaining in office by appealing directly to lawmakers who worry they are setting a new precedent that could make expulsions more common.

House Speaker Mike Johnson (R- Louisiana) was among those who voiced concerns about removing Santos, though he has told members to vote their conscience. Others in leadership agreed with his reasoning and opposed expulsion. But some Republicans, including Santos' colleagues from New York, said voters would welcome lawmakers being held to a higher standard.

“I’m pretty confident the American people would applaud that. I’m pretty confident that the American people expect that," Republican Rep. Anthony D’Esposito, whose district adjoins Santos', said before the vote.

Santos warned lawmakers they would regret removing a member before they have had their day in court.

“This will haunt them in the future where mere allegations are sufficient to have members removed from office when duly elected by their people in their respective states and districts,” Santos said.

Rep. Jennifer McClellan (D - Virginia), who is serving her first term in Congress, voted in favor of expulsion.

"It was a necessary step to protect our democracy and the legitimacy of our institution," McClellan said in a statement released after the vote. "The misconduct and illegal activities detailed in the Ethics report made clear he is not fit to serve in the U.S. House of Representatives."

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The Associated Press and CNN Wire contributed to this report.

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