Is There a Legal Remedy for George Santos' Lies?
by Alan M. Dershowitz • January 13, 2023 at 5:00 am
Unless he has lied on government forms, it is unlikely that he can be successfully prosecuted or civilly sued. His victims are primarily the voters who cast ballots for a person who was very different from who they believed him to be.
No congressman has ever been removed for defrauding voters, but if there were ever a case for doing so, this would be it. The House would be reluctant to use that nuclear option because it would subject many incumbents to scrutiny for their electoral lies.
The danger
sof punishing general falsehoods is demonstrated by the laws of other countries. In Poland it is a crime to state that the Polish people participated in the Holocaust, although that statement is absolutely true as a matter of history. Polish people not only collaborated with Nazis, some continued to kill Jews even after the Nazis left. The Polish parliament has declared the historic truth to be a punishable lie.In Turkey, it is a crime to say that the Armenian genocide occurred. In France it is a crime to say that this very same event did not occur.
The alternative to freedom of speech is necessarily some form of censorship. Throughout history censorship by governments, churches and other powerful institutions has been the rule. It has not worked. Nor has untrammeled free speech worked perfectly. But history has clearly demonstrated that censorship is far more dangerous to liberty than is free speech.
"[W]e have nothing to fear from the demoralizing reasoning of some, if others are left free to demonstrate their errors..." – Thomas Jefferson, July 3, 1801.
[A]s long as truth tellers are able to respond to liars, we have far more to fear from censorship than from free speech.
Congressman George Santos has lived a life of lies. He has lied about his early life, his academic record, his business experience, his wealth, his heritage, his personal life and his criminal record. He is fortunate that the vast majority of these lies have not been under oath. Nor have they defamed specific individuals. Unless he has lied on government forms, it is unlikely that he can be successfully prosecuted or civilly sued. His victims are primarily the voters who cast ballots for a person who was very different from who they believed him to be.
No congressman has ever been removed for defrauding voters, but if there were ever a case for doing so, this would be it. The House would be reluctant to use that nuclear option because it would subject many incumbents to scrutiny for their electoral lies.
