Meanwhile, a Long Island prosecutor on Wednesday announced an investigation into Santos’ fabrications.
“The residents of Nassau County and other parts of the third district must have an honest and accountable representative in Congress,” said Anne Donnelly, district attorney for Nassau County. “No one is above the law, and if a crime was committed in this county, we will prosecute it.”
However, efforts to investigate Santos and potentially prosecute him for a crime face a major roadblock that’s received little attention since the scandal came to light: United States v. Alvarez, a decade-old decision by the nation’s highest court.
The Supreme Court in 2012 ruled that the Stolen Valor Act of 2005, which criminalized false statements about earning a military medal, was unconstitutional for violating the free speech protections under the First Amendment.
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