Topline
Sen. John Fetterman (D-Pa.) said Thursday he would vote to expel Sen. Bob Menendez (D-N.J.), who has refused to step down and maintained his innocence following a federal indictment on bribery charges—despite many of his Democratic colleagues calling for his resignation.
Sen. Bob Menendez (D-NJ) said he would not resign and will serve out his term following a federal … [+]
Key Facts
When Fetterman was asked by reporters if he would introduce a resolution to expel Menendez, he said, “whatever kinds of procedure that could bring about getting rid of him, I’m all for it, forcing it,” the Hill reported; and when he asked if he would vote for a measure to expel Menendez, Fetterman said “of course I would vote for that.”
The Constitution states the House and Senate “may determine the Rules of its proceedings, punish its members for disorderly behavior, and … expel a member” with a two-thirds vote.
Based on precedent, the expulsion process would most likely begin with an investigation by the Senate Ethics Committee that would result in a recommendation to expel or not, and then a vote.
However, another Senator could simply introduce a resolution to expel on the Senate floor, which would then be tabled, voted on or referred to the ethics committee.
The Senate has considered expulsion 30 times, but only 15 of those actually resulted in expulsion; in the other half of the cases the senator either resigned, was exonerated or their term expired.
Since 1982, Congress has only considered expelling two senators—one for corruption and one for sexual misconduct—but both resigned before a vote occurred.
Contra
Though a legal possibility, an expulsion doesn’t yet appear likely for Menendez. As of Thursday evening, Fetterman is the only Democrat to say he would move to expel Menendez, and Senate Majority Leader Chuck Schumer (D-N.Y.) hasn’t called for Menendez to resign. He also has the support of many Republicans—which would make getting two-thirds vote more difficult—who are highlighting the fact that he is innocent until proven guilty, in what may be a move of political maneuvering to hurt Democrats. Sen. Tom Cotton (R-Ark.) tweeted Tuesday that while the charges are “serious and troubling,” Menendez “has a right to test the government’s evidence in court, just like any other citizen. He should be judged by jurors and New Jersey’s voters, not by Democratic politicians who now view him as inconvenient to their hold on power.”
Big Number
14. That’s how many of the 15 Senate expulsions since 1789 were related to the Civil War and representatives having support for the Confederate rebellion.
Key Background
Menendez and his wife were indicted last Friday on charges of conspiracy to commit bribery, conspiracy to commit extortion under color of official right and conspiracy to commit honest services fraud. They are accused of accepting hundreds of thousands of dollars in bribes in the form of cash, gold bars and a luxury car in exchange for favors from three New Jersey businessmen. In 2015, Menendez was indicted on bribery charges related to a Florida ophthalmologist who reportedly gave him $1 million in gifts and campaign donations in exchange for political influence, but his trial ended in a hung jury and the charges against him were dismissed. Menendez has continued to deny the new allegations against him and resisted calls to resign, saying that “for years, forces behind the scenes have repeatedly attempted to silence my voice and dig my political grave,” and calling the investigation “an active smear campaign.”
Further Reading
Source: https://www.forbes.com/sites/mollybohannon/2023/09/28/could-menendez-be-expelled-from-senate-heres-what-the-process-would-look-like/