Ex-Rep. George Santos wants sealed statements in criminal case to become public, court filing shows
Former Rep. George Santos leaves federal court in Central Islip on Dec. 12. Credit: Howard Schnapp
Attorneys for former Rep. George Santos are seeking to have sealed statements from prosecution witnesses made public, arguing the recently disclosed interviews indicate he was unaware of the alleged fraudulent activities of his campaign.
The attorneys wrote in a filing last week that making the “highly exculpatory” statements public, while redacting the names of witnesses, would allow Santos to comment on his defense without jeopardizing the fairness of his upcoming federal trial.
“[The information] substantially undermines the government’s theory that Santos directed, oversaw, or even had knowledge of the alleged finance misreporting of his campaign,” attorneys Andrew Mancilla, Joseph Murray and Robert Fantone wrote in the Thursday motion. “It challenges the core of the government’s narrative that Santos orchestrated or was even aware of the alleged fraudulent activities.”
The filing does not include specific details of the witness statements but suggests they pertain to campaign finance reporting, fundraising thresholds and policies, and credit card charges made by the Santos campaign. It references two unnamed witnesses interviewed by investigators in January and November 2023 and questions why prosecutors waited to disclose the information.
The defense said making the information public preserves the embattled politician’s First Amendment rights.
“Given the public nature of the accusations and the interest in maintaining the integrity of our justice system, there is a compelling public interest in disclosing information that may exonerate a candidate accused of election-related misconduct,” Santos’ attorneys wrote.
The defense is also seeking a one-month extension to file a scheduling motion that was due next week, saying the new information will require them to spend more time preparing pretrial motions.
Prosecutors informed U.S. District Court Judge Joanna Seybert that they intend to respond to the defense motion by Wednesday.
Santos, who surrendered to federal authorities in May, has pleaded not guilty to a 23-count superseding indictment charging him with a variety of fraudulent schemes. Prosecutors have alleged Santos, 35, fraudulently received unemployment benefits authorized during the COVID-19 pandemic and lied on his congressional financial disclosure forms.
Prosecutors also alleged he filed fraudulent fundraising reports to obtain financial support for his congressional campaign and stole thousands of dollars from his campaign contributors by charging their credit cards without authorization. Both his campaign treasurer and a fundraiser have pleaded guilty to related federal indictments.
Santos was expelled from Congress on Dec. 1 after a damning House Ethics Committee report found “substantial evidence” that Santos engaged in “unlawful conduct” and knowingly deceived campaign donors “for his own personal financial profit.”
Soon after the political newbie won the election in November 2022 to represent New York’s 3rd Congressional District, which includes parts of Nassau and Queens, The New York Times published a story detailing Santos' lies about his personal, professional and educational background.
Santos later admitted lying but refused to resign, even after he was indicted. He has recently stated he intends to run as an independent for the 1st Congressional District seat currently held by Rep. Nicholas LaLota (R-Amityville), who helped lead efforts to expel Santos. Under state law Santos has until May 28 to file a petition with at least 3,500 signatures from district voters.
Santos is due back in court Aug. 14.
Attorneys for former Rep. George Santos are seeking to have sealed statements from prosecution witnesses made public, arguing the recently disclosed interviews indicate he was unaware of the alleged fraudulent activities of his campaign.
The attorneys wrote in a filing last week that making the “highly exculpatory” statements public, while redacting the names of witnesses, would allow Santos to comment on his defense without jeopardizing the fairness of his upcoming federal trial.
“[The information] substantially undermines the government’s theory that Santos directed, oversaw, or even had knowledge of the alleged finance misreporting of his campaign,” attorneys Andrew Mancilla, Joseph Murray and Robert Fantone wrote in the Thursday motion. “It challenges the core of the government’s narrative that Santos orchestrated or was even aware of the alleged fraudulent activities.”
The filing does not include specific details of the witness statements but suggests they pertain to campaign finance reporting, fundraising thresholds and policies, and credit card charges made by the Santos campaign. It references two unnamed witnesses interviewed by investigators in January and November 2023 and questions why prosecutors waited to disclose the information.
The defense said making the information public preserves the embattled politician’s First Amendment rights.
“Given the public nature of the accusations and the interest in maintaining the integrity of our justice system, there is a compelling public interest in disclosing information that may exonerate a candidate accused of election-related misconduct,” Santos’ attorneys wrote.
The defense is also seeking a one-month extension to file a scheduling motion that was due next week, saying the new information will require them to spend more time preparing pretrial motions.
Prosecutors informed U.S. District Court Judge Joanna Seybert that they intend to respond to the defense motion by Wednesday.
Santos, who surrendered to federal authorities in May, has pleaded not guilty to a 23-count superseding indictment charging him with a variety of fraudulent schemes. Prosecutors have alleged Santos, 35, fraudulently received unemployment benefits authorized during the COVID-19 pandemic and lied on his congressional financial disclosure forms.
Prosecutors also alleged he filed fraudulent fundraising reports to obtain financial support for his congressional campaign and stole thousands of dollars from his campaign contributors by charging their credit cards without authorization. Both his campaign treasurer and a fundraiser have pleaded guilty to related federal indictments.
Santos was expelled from Congress on Dec. 1 after a damning House Ethics Committee report found “substantial evidence” that Santos engaged in “unlawful conduct” and knowingly deceived campaign donors “for his own personal financial profit.”
Soon after the political newbie won the election in November 2022 to represent New York’s 3rd Congressional District, which includes parts of Nassau and Queens, The New York Times published a story detailing Santos' lies about his personal, professional and educational background.
Santos later admitted lying but refused to resign, even after he was indicted. He has recently stated he intends to run as an independent for the 1st Congressional District seat currently held by Rep. Nicholas LaLota (R-Amityville), who helped lead efforts to expel Santos. Under state law Santos has until May 28 to file a petition with at least 3,500 signatures from district voters.
Santos is due back in court Aug. 14.
Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.
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