into the night. at some point, the governor of new york is going to have to call a special election in the next ten days to set up a special election some time in the next 70 to 80 days from now, and sit at tough seat, because it is a biden district and blue district, and this is something the democrats have a chance of flipping, and in the short term it is going to be -- >> hang on, melanie. manu has something. >> we have -- >> can you -- >> george santos is there. he is coming down the stairs there. >> and now you can hear manu trying to get to him. when he gets him, but he is not saying anything to anyone, and he has been talking a heck of a lot before. and now you see it, 310. and the threshold was 290 to kick him out. we will see if he says anything. nope. jumped into the car and windows up. >> mr. santos, any comment!

>> house floor. guys. gavelled. house speaker gavelled. gaveling. house floor. guys. speaker johnson is in the chair, and i saw him about to gavel. there we go. >> on this vote, the yeas are 311 and nays are 114, and the resolution is adopt and the motion to reconsider is on the table. the clerk will -- >> that means that george santos is expelled. >> the chair announces to the house in light of the expel shun of the gentleman from new york. >> so the house of

representatives on this historic vote, george santos has been voted expelled from the house of representatives by a 2/3 majority of the the house, and the final tally 311 fellow house members voting to out him. the threshold was 290, and they far outpaced that. david chalian standing by, and the sixth member of congress to be expelled from the house of congress. >> he walked by himself out of the chamber before the speaker gavelled the vote to the conclusion, and he got into that car, and drove away no longer a member of congress as he was just moments ago. and you heard the speaker instruct the clerk to notify the governor of new york of the vacancy in this seat. it is now, you know, the first time as you have said where you are not dealing with a trader

from the confederacy or a criminal, and this is the first time that somebody has been expelled from congress who does not fit into one of those categories which is that notion of precedence that george santos was raising and some republicans were raising as an area of concern that it was setting a precedent. this is quite astonishing when you are thinking that a year ago when it was first reported by the "new york times" and others how much he had lied to the public about who he was, what he was claiming to be, and total and complete fraud, and then as you noted, the ethics report that showed that he was using the campaign contributions to fund his personal life. he has plead not guilty to the federal charges against him, and he has plead his innocence, and that is the federal

representatives in congress who have said he is no more befitting to serve in the people's house, and now, there is going to be a real political fallout both in how the house is governing with a narrower republican majority now, and the battle for control of the house, because this is a critical district that helped give republicans the majority in the last cycle, and now it is going to be up for grabs in a special election, and then next november. >> david, i love the fact that you noted that george santos walked out of the chamber even before the gavel came down, because he saw the numbers, and he was looking up to the screen, and it is clear that he did not have the votes. abby, he did not have the votes despite the efforts of the speaker of the house mike johnson and i wonder if this is reflecting on him at all, and if this is going to be seen as a test for the relatively new speaker? >> well, yeah, it is a good question.

in some ways, and maybe not, because he has burned so many bridges, and he has been an embarrassment to other lawmakers from his state who have been on the front lines to get him out of the chamber, but it is a stain on the republican -- >> so, so sorry to interrupt you. we have melanie zanona who talked to the speaker of the house mike johnson and listen in. mela melanie. >> no, no, no. give me a second. >> we are not quite ready. we are not quite ready, but now we are. go ahead, melanie. >> sorry about that.

i was bending down to picking up my microphone, because we had the speaker walk by and we had asked him about the historic moment about having one of his own republican members expelled, and he said he would not comment on that and he would turn his attention on other issues that are important facing the house, and including getting an aid package to israel passed through the house. but it was interesting that kate noted earlier that speaker johnson presided over the vote, and he brought the gavel down when he announced that he would be expelled. he had a solemn tone. normally, he does not have to be in the chair to preside over the moment, but clearly, he understood the significance and the weight of that moment, and he, himself, as we said, he voted against the expulsion, but at the same time, he said to the members, free to vote their conscious, and free to vote oufr their districts want them to vote, but no doubt, this is huge impacts for johnson, because the razor thin majority is smaller,

and harder to pass government-funded aid to israel, and meanwhile, a special election at some point over the next few months where they have to fight to hang on to that seat. it is going to be a tough fight. and clearly, the leadership of speaker johnson is feeling the weight of this moment, guys. >> this a weighty moment in history. this is only the sixth member of the house of representatives to ever be expelled from the chamber. let's bring in former republican member of the house adam kinzinger. congressman, what do you think of this? >> well, it is a huge deal. i am interested that speaker johnson voted, and typically they don't vote unless they want to make a strong statement. good on the house of representatives for doing it. it is not just not, you know, as if this is not a big thing, and somebody who used campaign money. he is a fraud, and he got elected under the fraudulent claims, and everything about him

was a lie. he did not have any humility, and he ran the donald trump playbook of double down, and speak tough of the liberals going after him in the enemy camp, so it is a good move by the house of representatives and the fact that six have been expelled goes to show that we know how much corruption has been in the house in the past, and it goes to show how high that bar is to be expelled, but it is the right thing to do, and now the republicans have a tighter majority, and interesting to get this done, and maybe it is going to force them to reach out to democrats more, but it is the right vote to defend what integrity is left in the house of representatives. >> adam, i am curious though what it says about the republican leadership coming out before, and saying that we will vote to keep him there, and not the expel him, and you see the number, and what does that say about the leadership?

>> well, it is concerning and weird. in congress when i was there for 12 year, basically they would vote on how to defend the integrity of the house, and sometimes on the toughest votes, like if there is a vote for some package that nobody liked, they'd vote for it, and that is what leadership is. so in this case, leadership should have been the ones out there voting to expel george santos to give those who are voting to expel george santos cover, and it is right to defend the house, and the fact that they didn't goes to show again that you are watching this collapse of leadership in the house more to like let's please the base than it is to like, let's defend the institution, and that is going to show some of the reason that the house, itself, has lost integrity and lost that, i don't know that ability to be the house of all

people. it was an interesting vote for me, because i would have thought for sure that the leadership would have voted to expel as the tough thing to do, and instead, they took the easy vote for themselves. >> if we have abby and david with us, one of the things that congressman kinzinger said that made my ears perk up a little bit is that santos was trying to use the trump playbook, and the politics of victimhood here, and in that it didn't work. does that say something about politics and where it is headed for the limits? >> well, it is a poor man's donald trump impression in some ways and mimic it to the point where it is so transparent. that is one of the reasons that it probably didn't work. but the strategy was not just about victim hood, but it is also about never stopping to talk. i mean, this morning george santos was on fox news hours

before this vote, and trying to understand how that is helpful, because he doubled down at exactly the wrong moment. this an interview with manu raju a couple weeks ago was caught basically in lies that were then laid out in the ethics committee report, and this is part of the problem with santos, and part of the problem for more than 100 republican members who voted for this expulsion. he was a completely unhelpful distraction to the institution of the house of representatives that could not be ignored. santos was not going to repent and then quietly do the work of his district. he was always interested in being in the spotlight, and that is what i think that a lot of the members thought that was completely untenable. >> what we don't know about what is next, and what this means for the final outcome of the seat,

david. do you think that how this is played out is going to be played out? >> well, you heard from the few republicans who were elected in 2020 and in '22 to deliver the majority to the house, and now they don't have his distraction to deal with in '23 to hang around through '24, so those vulnerable republicans in biden districts and in and around new york city and suburbs and upstate a bit, and this is one of the most major battlegrounds in the control of the house of representatives 2024 and having this joke of a person in george

santos being removed in this poster boy of new york republicans back home is just going to be a welcomed development. that is why you saw mike lawler and others fighting so hard for this expulsion vote. it is going to be a difficult race going forward, no doubt. it is going to be a real battle, and that most immediate impact is going to be a sigh of relief for them. >> david chalian and adam kinzinger and abby philip, only the sixth member of congress to be expelled and we saw him depart before the gavel went down. we will have more on, this and the reaction of those who voted on this, and also more breaking news and legal decisions today. stay with us.

all right. breaking news. congressman george santos, or i should say former congressman george santos has been kicked out of the house of representatives. 310 of his congressmen have voted to remove him. that is despite the house speaker mike johnson voting to save him at the very last minute.

with me now is congressman dave voice the republican of ohio who is sitting on the ethics committee and chaired the subcommittee on the report on george santos, and let me check on that, how did you vote. >> i voted to have him removed from office, because having been the chair of the investigative submit submit -- subcommittee of the report that we prepare, and if you is any doubt of whether he is suitable to hold office, review the report that we compiled that is 72 pages, and it is detailing the documents that brought to the removal today. >> and history is made before your eyes today, and what is your thought? >> well, look, it is a sad day to remove member, because basically, he defrauded voters of his district. his life is made up. it is a lie. then he used the campaign as

though it is a scam the whole time taking money from donors for his own use. and so we have to file report, and i know that he had ripped off other members and they were going to be nice and try to give him a $2,000 contribution, and then it is showing is up on their credit cards as $5,000, and then the fcc is investigating them and it cost them more, and if that is not enough to convince the members to remove him from office, i don't know what they are waiting for. i have heard some contradictions here, and duncan hunter, and well, he was not removed. well, so your viewers understand that we created a investigative subcommittee, and we investigated the things that the doj is not looking at which is the internal documents that one has to file here, the financial disclosure forms and campaign form, and we turned things over to the doj and so there is

another investigation independent of him, but in the hunter case, they did not have a subcommittee investigation, but they waited for the doj to be finding him to be guilty of something, and then he plead guilty. >> so you say that if your investigative report was not enough, you don't know what they were waiting for. and it did not convince house speaker mike johnson and how do you feel about him stepping in >> well, he said to vote our conscious, and that is what his conscious told him to do, but for me, it is a simple case having been there since the beginning. one thing about 25 years of prosecutor before i got to this place, the good thing about the numbers case or the checks case, i don't need anybody to explain it to me. the numbers speak for themselves, and we subpoenaed the bank accounts and showed the movement of the money from the

campaign to his accounts and then paid for his personal expenses. it is not that deep. it is theft. so, what did you learn about house speaker mike johnson in this process through his vote? >> well, look, there is a lot of members who voted, and more who voted to keep him than voted to take him out. everybody has to look into their own conscience, but the constitution gives us the authority to do that. and now, we should look to do that more often. and they say well, it is a shame that new york district 3 is not represent ed and well, it is a lie that he lied to get elected.

it is a shame that he got campaign help that drug lee zeldin and then he had an opportunity. >> yes, it took a lot of journalism to reveal quite a lot of it. and so can you tell us in the minutes before the vote that made it more? >> yesterday i would have bet the number was 150 to vote, and today it was 105 or 112 to keep him here, but one of the members came forward yesterday at the end of the talk and then today came forward and put out the e.

m -- email and understood that not only he and his mother were ripped off by this campaign, and if that is not enough that convinces people that you should not be here, then i don't know what it is going to take. >> are you talking about your colleague max miller and his statement? >> correct. i would guess that we are dropping from 150 to 80 or so, and max's last-minute email to all of the members determined the outcome for him, because a lot of us said, they may not have believed my investigative report, and sorry about that, but they believed max when it is coming personally from him, and his mother was ripped off and that he had to spend money against the fcc allegations. >> all right. congressman dave voice -- >> i am not alone. >> and so you have been in the middle of this today, and coming out to talk to us after this historic vote. thank you, sir. >> thank you. >> we will have much more on the

breaking news after a quick break. my sport propels me for.

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cnn's paula reid is joining us as well as cnn legal analyst elie honig. what did the supreme court decide? >> kate, we have been waiting for this decision for some time, and here the court holding that former president donald trump does not have immunity from the civil suits connected to the actions of january 6th. it does not mean that he is liable for the actions of january 6th. what it means is that the capital police officers and others who are trying to sue trump related to january 6th, they will get a day in court, and litigate the claims. the former president has said that the suits cannot be brought, and you are arguing that the actions brought that day were all part of the official duties as president, and officials from the president on down enjoy immunity, and the court drew a line around that, and said this is not in the

official capacities as president, and this is more in the lines of the campaign. and therefore you are not immune from the charges. so he will go to trial in washington, d.c., for election subversion, and it is suspected that a number of these issues will rise. this case had to do with the civil suits, and whether or not he has any immunity to the criminal prosecution, but if in this decision is any indication, that is not going to be a successful argument for him. >> elie, how significant is this? >> well, two things, kate. both of them are very important. first of all, on the most direct level, the lawsuit against donald trump, the civil lawsuits relating to january 6th brought by the capitol police can go forward. its does not mean that he loses

those lawsuits, but they can happen. secondly, and this is more importantly, because it is going to give us a preview of what happens in the criminal casep. so he should be given what he is called the criminal immunity, and is there such a thing? even the supreme court said that we don't know if there is. and so, yes, and here the court of appeals says, no, it is not done in the scope of his job, and so he can be sued. it will make its way through the scope of the supreme court. it remains to be seen, but this is an important

>> so what does this mean beyond donald trump and what does it mean for the presidency? >> well, both of the cases, the civil case just decided and the pending criminal claim are very likely to end up at the supreme court, because these are going to the core constitutional issues which are largely unresolved. the supreme court argument will be that yes, i was president, and acting within the scope, but on the district court level and also, they have to decide, one s there criminal immunity, and two, does donald trump fall within that.

so it is enormous consequences. >> yes, and now, to learn more about the fallout here as you have clearly laid out. thank you, paula, for bringing us this reporting. sara? >> we want to go back to u.s. congressman george santos who was just voted out by 21111 members of congress. he is the only ranking member of the house ethics committee, susan wild. thank you for joining us. >> thank you. >> the house ethics committee says it is worried about precedent here, but enough republicans banded together and decided to expel santos. he has not been convicted in a court of law, but he has been kicked out because of the ethics

committee report. what was your initial reaction when you saw the vote, and did you think that there was a possibility that he would have stayed. >> well, thank you for the questions. a substantial members of congress and substantial members of the republicans saw the ethics report, and saw the hard work that went into it, and saw fit to vote in favor of expulsion despite the leadership and that sglaurnlgt and so the public needs to see they can trust congress and there is ethics in government. that is what the report and the ethics report that went into it is all about. i am very, very grateful that the expulsion resolution passed.

>> you are the ranking member, a democrat, on the ethics committee, but it is a bipartisan committee. when you are looking will at what happened here, what do you think it says about the republican leadership that they came together and several of them, including the speaker of the house made the unpredented move to decide to vote, and keep george and yet the rank and decided to you? >> well, it is a bipartisan group, and the staff that put together the report is bipartisan, but the members of the congress who serve on the committee are equally represented from dchl i was

disappointed when i heard that republican leadership was encouraging the people to vote and it is not sought after and so, i was really frankly shocked by that, but the obvious rank and file members, as you say, saw fit to act on their own. that is important to say about them, and it is also an indication to me, that the members really took the time to read this comprehensive report. i have to give a shoutout to the ethics step and there were calls from the media, and other people

were not given due process, but they worked around the clock to make it complete and fair. that is reflected in the vote today. >> and let me ask you about bob melendez, and he is a different house, but his and he has been charged in this investigation, and are there parallels here. should he be looked at as somebody who needs to be removed from office? >> quite they may not be investigating at any time, because invest day for --

because investigators have not taken this lightly, and expulsion of a member is not a light matter. talking about senator melendez is a member for many, many year, and i leave it up to that body, but i wanted to stress that serving in congress whether a representative or senator is a privilege. it is not a right. it is essential that we maintain good government and ethics in government. so both chambers of this body need to make sure that happens. >> congresswoman susan wild, thank you so much for coming on. i know that there is a lot dwing on today, and reiterating with the pictures next to you. george and we thank you for the

update of george santos being expelled for the only sixth time in history. >> and so what happens to the people who tried to save him in the end. who are the winners and losers here. that is ahead.

george santos is out. no longer a member of the u.s. congress, voted out moments ago. we have new information about what might have swayed some members on the fence at the very last minute. manu raju is on capitol hill

with that. manu? >> yeah, that is right. congressman max miller was a freshman congressman from ohio informed his colleagues that he accused george santos of costing him $30,000 and stealing money from him. that allegation that miller makes is that george santos ' campaign overcharged him over the donation, and there were certain limits they made but they continued to charge them more and more money on the credit card, and max miller told me that it cost them $30,000 for the legal fees and the like to recoup the money that was stolen from him by his campaign. and essentially what the campaign is accusing him of is stealing the donor's money and using it for his own benefit. that is something that george

santos has denied which is a larger allegation that miller had made, and we asked his office, but they have not responded to questions about that, and also, george santos himself will not answer any questions, and an interesting development here to sway the allegations from the actions. >> well, that is really messed up to do that to a member of congress who you will be working with. back with us is doug heye, and former communications director, and also s.e. cupp former cnn commentator and now working with new york "daily news," and it has been a rock 'n' roll and historic time, and this is a first time that we have seen the republican expelled from the house, and not convicted, but expelled for ethics violations. the numbers were not close.

300-111, and that more than the super majority, and why do you believe they came out to say they were expelling him >> i say it is close, because it was 420-1. and the last holdout was gary condit who we know from other scandals. and dennis hastert was listed as noncall. so we saw speaker johnson and other members of the speakership, and minus richard hudson who did vote for the expulsion did not whip the vote, but a vote on the conscious, and so in what is described as a lopsided vote, it is a lot closer than the last time, because he was not convicted of a crime yet, and because of the certainly, the argument of the precedent being set. >> s.e., i don't want it to be lost of what was reported by max

miller and david joyce, of that letter from max miller to colleagues just before they voted may have actually swayed some as we well know may have been on the fence. the fact that they say they were stolen from by george santos says something. >> it is certainly interesting to us, but i think it is worse to defraud your own constituent, and that may have been enough, and i hope it does influence congress, but the -- i don't say it flippantly, but the par sh -- bar should be that we have to be standards of workplaces and we are not allowed to embarrass our workforce, and congress is saying that he is an embarrassment to us, and the textbook definition of an

embarrassment. he is a fraud, a clown, and a liar. so, this precedent should c change, and we should hold congress to the same standards that we hold everyone else. you cannot steal, lie. >> and also, he drove off in a jaguar. so he walked down the steps and walked right into a jaguar. >> do you a problem with foreign cars? >> no, i just wanted to say that -- well, s.e., who are the winners here? >> the winners are the constituents of his district, and they voted him in, but now they have reconsidered knowing everything that they have known,

and congress does not have to wait for voters. you elected him, fine. but we have rules, and if you want to be in the club, you have to follow the rules. and integrity matters, and it is ultimately the people of the district who can win not distracted by all of the violations and indictments, and i would say the same of senator bob menendez of new jersey and what a distraction for the people of new jersey to have to deal with that and for these guys to think that they are best serving their constituents by staying and remaining defiant and allowing all of this to swirl around them is gross. >> and now the new york governor is ready to set a date for special elections to see what happens with this seat in the near and long term. >> and on the ground, new york democrats are very nervous about this special election, because they feel that the issues are turning against them, and santos will be in the ashes and in the

rearview mirror. >> doug heye and s.e. cupp, thank you. and now, we will have more on the life of sandra day o'connor and her passing. we will be back in a bit.

now to oir breaking news. justice sandra day o'connor has died. she was the first woman to sit on the highest court of the land. the court announced that she passed due to complications related to advanced dementia. president reagan nominated her to the be bench in 1981. she went on to become a deciding vote in many crucial and

controversial cases. she stepped down from the the high court in 2006 to take her of her husband who are he himself was ailing alzheimer's. he work before her own diagnosis, she became an advocate for alzheimer's disease. and launched a website dedicating to encouraging young people to learn civics as well. sandra day o'connor, a trailblazer, she was 93 years old. >> thank you so much for joining us today. thiss "cnn news central." "inside politics" is up next.

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