He hasn't even taken office yet, but there continues to be growing calls for Congressman-elect George Santos to step aside — and now he has a new controversy to worry about.
The latest question about his actions centers on a flyer the New York Republican sent around to supporters last week with plans to use his swearing-in ceremony tomorrow as a private fundraiser — which may be illegal, according to experts.
Anyone looking to attend Santos's swearing-in ceremony had to be ready to pony hundreds of dollars. An invitation from the embattled Congressman-elect asked attendees for $100, or even $500 for VIP treatment. For that level, the invite says it would provide a bus trip to D.C. and a luncheon, along with the Swearing-in and a "tour of the Capitol Grounds."
Get Tri-state area news and weather forecasts to your inbox. Sign up for NBC New York newsletters.
"It is an abuse of a government function. But it’s also an abuse of government property," said Columbia Law Professor Richard Briffault, who teaches campaign finance law and government ethics.
Briffault said Columbia Law Professor Richard Briffault teaches campaign finance law and government ethics. He says offering access to federal proceedings or buildings – in exchange for campaign cash is likely against the law.
"Bringing people to Washington, that’s not a problem. And having a party with them in a hotel, that’s not a problem. It’s using the official function, the official site of government as a fundraising device – that’s the problem," Briffault said.
In November, a Congressional memo tried to make it crystal clear: "swearing-in events held in House rooms or district offices may not be campaign or political in nature.” It added that "no campaign activity, including soliciting for campaign donations, may occur during these events or on House grounds.”
“The Capitol is a government building. George Santos does not own the Capitol. I know he has real estate holdings of 13 properties. My understanding is that the Capitol is not one of them and the swearing-in is a government activity," said Bronx Rep. Ritchie Torres. "You cannot seek contributions for a government activity.”
The Democratic congressman has been among the most vocal critics of George Santos after the New York Times uncovered multiple falsehood on the Republican candidate’s resume. Santos now faces several state and federal investigations.
"I find it outrageous that a fundamentally fraudulent candidate like Santos can lie to voters about his qualifications without facing repercussions," said Torres, who has proposed the SANTOS Act — which stands for "Stop Another Non-Truthful Office Seeker Act, a proposal requiring House candidates provide details of their backgrounds under oath.
"So that candidates who do lie to voters can finally be punished," Torres said.
Campaign finance attorney Joseph Sandler advises Democrats on ethics rules. He says Santos should expect investigators to scrutinize this invitation, and any funds he raises connected to his first day in office.
“You cannot use official resources, paid for by the taxpayer, that are for the conduct of official business to benefit your campaign," Sandler said.
NBC New York has repeatedly reached out to Santos and his campaign for comment, but they have refused each time. He has told others that his made-up resume was merely an embellishment.
The controversial swearing-in ceremony for Santos comes on the same day as a historic feat for another New York congressman. Brooklyn Rep. Hakeem Jeffries will ascend to the rank of Democratic leader, after Nancy Pelosi steps down as House Speaker.
