If the New Jersey Democrat were to refuse to step down, senators could choose to censure or expel him — a rare and difficult step.
Bob Menendez is officially a convicted felon — and a U.S. senator — at the same time. If his colleagues have anything to say about it, that won’t last long.
After decades in public service, the longtime New Jersey Democrat is left with a pending sentence and a doomed reelection bid. Shortly after a jury read off the verdict that he was guilty on all counts, Senate Majority Leader Chuck Schumer ended months of resistance and called on Menendez to resign, joining more than half of Senate Democrats who have already done so. And at least one of Democratic senator is openly considering expulsion.
More than a dozen of Menendez’s Senate colleagues had resisted calling for him to step down, with many resolved to allow the New Jerseyan his due process. Now that he’s convicted, even the most reserved Senate Democrats are hardly eager to serve aside a convicted felon, even if it’s only for the remainder of the term.
In addition to Schumer, Sens. Laphonza Butler (D-Calif.), Catherine Cortez Masto (D-Nev.), Tina Smith (D-Minn.), Jeff Merkley (D-Ore.), Ron Wyden (D-Ore.), Jack Reed (D-R.I.) and Sheldon Whitehouse (D-R.I.), along with Arizona Senate candidate Rep. Ruben Gallego (D), all freshly called on Menendez to step down Tuesday. New Jersey Democratic Sen. Cory Booker and others repeated their calls for Menendez to resign.
"Senator Menendez received a fair trial and was found guilty of serious crimes by a jury of his peers," Cortez Masto said. "He should resign immediately and give the people of New Jersey the opportunity for new leadership."
Additionally, the bipartisan Senate Ethics Committee said in a statement it would complete its investigation into Menendez "promptly" and "consider the full range of disciplinary actions" for the convicted senator.
Sen. Tim Kaine (D-Va.), who had not yet called on Menendez to resign, told reporters prior to the verdict he thought that if Menendez’s charges were proved true, they would be “fatal to his ability to serve.”
If Menendez were to refuse to step down, however, senators could choose to censure or expel him — a step vulnerable incumbent Sen. Jacky Rosen (D-Nev.) called for Tuesday if Menendez wouldn't resign. Sen. John Fetterman (D-Pa.), who’s been Menendez’s most vocal antagonist in the Senate, did not directly answer a question last week on whether he would push for censure or other resolutions against the New Jersey senator if he was found guilty.
“Regardless, I'm getting his parking space,” Fetterman quipped.
Menendez, for his part, struck a defiant tone in a statement after the verdict Tuesday: “We will be successful upon appeal. ... I have never violated my public oath.”
Menendez is running for reelection as an independent but was already seen as a longshot candidate prior to his conviction. Rep. Andy Kim (D-N.J.) won the Democratic nomination in the New Jersey Senate race.
Kim in a statement after the conviction called it “a sad and somber day for New Jersey and our country.”
“Our public servants should work for the people, and today we saw the people judge Senator Menendez as guilty and unfit to serve,” Kim said, re-upping his calls for the senator to step down.
If Menendez did step down, New Jersey Gov. Phil Murphy (D), whose wife also briefly ran for Menendez’s seat, would be tasked with appointing a successor. He could appoint Kim, allowing the congressman to then run as an incumbent, or he could choose another placeholder. In a statement following the verdict, Murphy said he would make "a temporary appointment" for the Senate seat if Menendez's seat became vacant.
There are some automatic consequences for Menendez if he sticks around. He would be permanently barred from holding any leadership positions, including on committees. He’d already stepped down as chair of the Senate Foreign Relations Committee following his indictment last year.
There would also be increased questions and scrutiny over his access to classified information. Currently, no Senate Democratic Caucus rules would prohibit him from accessing classified briefings. Fetterman has a bill that would prohibit Menendez and senators convicted of similar crimes from accessing classified information and briefings — but it has not seen movement on the floor.
Expulsion, if Senate Democrats took that step, is incredibly rare. Such a resolution would have to clear a two-thirds threshold in a full Senate vote. That means a handful of Republicans would be required to vote alongside Democrats. Currently, the only GOP senators to call on Menendez to step aside are Minority Whip John Thune and Josh Hawley (R-Mo.).
Notably, two other Democratic Latino senators — Alex Padilla (D-Calif.) and Ben Ray Luján (D-NM) — have not joined calls for Menendez to step aside yet.
Anthony Adragna contributed to this report.
