Democrats Consider Expulsion of Bob Menendez from Senate After Corruption Conviction

WASHINGTON — Sen. Bob Menendez has shown no sign that he will voluntarily resign from the Senate after his bribery conviction, prompting Democratic senators to consider trying to expel him from office.

While Menendez, a New Jersey Democrat, has six months left in his term, Democrats have made it clear they no longer want him in office. Within minutes of Tuesday’s guilty verdict, Senate Majority Leader Chuck Schumer called for his resignation, and New Jersey Gov. Phil Murphy, who would name Menendez’s successor, said the Senate should expel Menendez if he refuses to step down.

” READ MORE: Bob Menendez Verdict: Will He Have to Resign? How Long Does He Face in Prison? What’s Next?

Expulsion, which requires a two-thirds vote, is an extremely rare step in the Senate. The chamber last seriously considered it nearly 30 years ago, and only 15 senators — almost all of them during the Civil War — have ever been expelled.

Still, senators are preparing to take action.

“He has to stand up now and leave the Senate. He has to do that, and if he refuses, many of us, but I will lead that effort to make sure he is removed from the Senate,” Sen. Cory Booker, the No. 2 Democratic senator from New Jersey, told MSNBC late Tuesday. “That’s the right thing to do. That’s the fair thing to do.”

” READ MORE: From gold bars to pricey cars: all the bribes Senator Bob Menendez has been accused of over the years

After a jury found Menendez, 70, guilty of accepting bribes of gold and cash from three New Jersey businessmen and acting as a foreign agent of the Egyptian government, the senator did not comment on his political plans in brief remarks as he left the courthouse. He did, however, vow to appeal the verdict.

“I have never broken my public oath. I have never been anything other than a patriot of my country and for my country,” Menendez told reporters.

It was a familiar statement from Menendez, who has become defiant since he was first indicted last September.

While he was under indictment, Menendez resigned as chairman of the powerful Senate Foreign Relations Committee but continued to attend secret briefings — much to the chagrin of his fellow senators. And while they largely ostracized him from the Senate’s day-to-day operations, with more than half of the Senate Democratic caucus calling for his resignation, there was little they could do to force him out of office, especially when Schumer argued that Menendez should face trial.

” READ MORE: Top Democrats Call on Sen. Bob Menendez to Resign After Conviction

Now that Schumer has urged Menendez to resign, there will be a concerted effort to put as much pressure as possible on him to voluntarily step down. That began Tuesday, when the Senate Ethics Committee issued a statement saying it would “immediately” conclude its investigation of Menendez, which began when he was first accused. The committee also made clear that an expulsion recommendation to the Senate is on the table.

In the meantime, any senator can request an early vote to expel Menendez, though such an initiative could be blocked if any other senator — including Menendez himself — objects.

This means many Senate members will likely wait for the ethics committee to issue a recommendation.

In the past, a recommendation for expulsion from a committee has been enough to prompt compromised senators to voluntarily resign. In 1982, the committee recommended expulsion for former Senator Harrison A. Williams Jr., a Democrat from New Jersey, and he resigned before the matter could be voted on by the full Senate. In 1995, Senator Robert W. Packwood, a Republican from Oregon, announced he would resign just one day after the committee released its recommendation.

“Most people, even most members of Congress, have enough shame that they would rather the last big news about them not be that they were expelled,” said Josh Chafetz, a professor at Georgetown University Law Center who has studied congressional powers.

As the November election approaches, Democrats’ appetite for getting rid of their disgraced colleague will only grow. Several Democrats in tight reelection races, including Sens. Bob Casey of Pennsylvania, Jacky Rosen of Nevada, Sherrod Brown of Ohio, Jon Tester of Montana and Tammy Baldwin of Wisconsin, have already signaled they support expulsion.

If Menendez resigns or is expelled, Murphy, a Democratic governor, would have to fill the seat. Several prominent New Jersey Democrats have called for the nomination of Rep. Andy Kim, who won his party’s nomination for the Senate seat. Kim, a third-term congressman, said Tuesday he would take the seat if offered.

” READ MORE: Andy Kim’s Senate Election Campaign Broke Barriers and Actually Excited Voters

Kim’s strength in the race forced Tammy Murphy, the governor’s wife, out of the primary. Tammy Murphy had the support of much of the state’s political establishment, but Kim outpolled her and withdrew from the race in March.

It’s still possible the governor will appoint his wife to the position, even on an interim basis, though he ruled that out during a radio interview in October. A spokesman for the governor said Wednesday that he would not comment on potential successors to Menendez, who has previously said he is running as an independent.