I did a quick search for the list of congressional ethics. There is an entry that addresses this.
“10. (a) A Member, Delegate, or Resident Commissioner who has been convicted by a court of record for the commission of a crime for which a sentence of two or more years’ imprisonment may be imposed should refrain from participation in the business of each committee of which such individual is a member, and a Member should refrain from voting on any question at a meeting of the House or of the Committee of the Whole House on the state of the Union, unless or until judicial or executive proceedings result in reinstatement of the presumption of the innocence of such Member or until the Member is reelected to the House after the date of such conviction.
(b) A Member, Delegate, or Resident Commissioner who has been indicted for or otherwise formally charged with criminal conduct in any Federal, State, or local court punishable as a felony for which a sentence of two or more years’ imprisonment may be imposed should resign from any standing, select, joint or ad hoc committee, and any subcommittee thereof, on which such Member, Delegate, or Resident Commissioner serves, and should step aside from any party caucus or conference leadership position such Member, Delegate, or Resident Commissioner holds, unless or until judicial or executive proceedings result in acquittal or the charges are dismissed or reduced to less than a felony as described in this paragraph.”
By using the ethic claim to expel him, congress violated their own Ethics guidelines. There is a guideline for expelling, censuring, reprimanding, and fining members of congress for their behavior. But again, this article is rife with recommendations for caution when invoking these actions. The last person to face expulsion was on trial for bribery but the trial ended with a hung jury. The expulsion was put to the House before the second trial but it did not pass.
One thing I found in the expulsion guidelines that interested me is that the rules changed in the past from waiting for a person to be convicted to merely bringing charges up to the Ethics Committee to let them make the decision. THAT is what makes me leery of taking this action. The rules change. It could be that one party decides to get rid of political opponents and makes accusations. They send those accusations to the Ethics committee who, at that time, might have a majority of their same party in power. Voila! action without a trial.
Another thing I found interesting and really annoying (in the Santos case) is that he doesn’t really lose anything. Yes, he is out of a job but is still eligible for all his benefits. He can even run again for office and, if elected, the House cannot withhold anything from him. So right now he is still eligible for healthcare, retirement benefits, etc which we taxpayers have to foot the bill for AND he could snow the people of NY again to get re-elected.