Torrent of senators demand Menendez's resignation as one suggests expulsion

Should the New Jersey Democrat decide against resigning, senators might opt to censure or expel him—a rare and challenging action.

Torrent of senators demand Menendez's resignation as one suggests expulsion
Bob Menendez now holds the dual titles of convicted felon and U.S. senator. His tenure as a senator may be brief if his fellow senators have their way.

The veteran New Jersey Democrat faces a looming sentence and a failed bid for reelection after being found guilty on all counts. Senate Majority Leader Chuck Schumer, after holding back for months, has now urged Menendez to resign, aligning himself with over half of the Senate Democrats who have previously done so. At least one Democratic senator is debating whether to push for his expulsion.

Initially, more than a dozen of Menendez's peers in the Senate hesitated to demand his resignation, opting to wait for the judicial process to conclude. Following his conviction, even the most cautious among them are reluctant to work alongside him for even the remainder of his term.

Along with Schumer, on Tuesday, 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.), Sheldon Whitehouse (D-R.I.), and Arizona Senate candidate Rep. Ruben Gallego (D) also urged Menendez to step down. Senator Cory Booker from New Jersey and others reiterated their calls for his resignation.

"Senator Menendez received a fair trial and was found guilty of serious crimes by a jury of his peers," said Cortez Masto. "He should resign immediately and give the people of New Jersey the opportunity for new leadership."

The bipartisan Senate Ethics Committee announced it would swiftly conclude its investigation into Menendez and "consider the full range of disciplinary actions" for the senator.

Before the verdict, Sen. Tim Kaine (D-Va.) opined that proven charges would be “fatal to his ability to serve.” If Menendez chooses not to resign, options such as censure or expulsion remain on the table—actions Sen. Jacky Rosen (D-Nev.) advocated for if Menendez does not step down. Sen. John Fetterman (D-Pa.), another critical voice, did not specify last week whether he would advocate for a censure or other resolutions against Menendez upon conviction.

Fetterman humorously commented, “Regardless, I'm getting his parking when I get back.”

Menendez, expressing resilience, declared after the verdict on Tuesday, “We will be successful upon appeal. ... I have never violated my public oath.”

Menendez, now running for reelection as an independent, faced dim prospects even before his conviction. Rep. Andy Kim received the Democratic nomination for the New Jersey Senate race.

Kim remarked after the conviction, calling 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,” said Kim, advocating again for Menendez's resignation.

If Menendez resigns, Governor Phil Murphy (D) of New Jersey, whose wife had a brief campaign for Menendez’s seat, would need to choose a replacement. Following the verdict, Murphy indicated he would appoint someone temporarily should the seat become vacant.

Remaining in the Senate would prevent Menendez from holding any leadership roles and raises further questions about his access to classified information. Fetterman has proposed legislation to block Menendez and similarly convicted senators from accessing classified briefings, though the bill has stalled.

Expulsion—a measure rarely taken—requires a two-thirds majority in the Senate, meaning some Republican support would be necessary. So far, Minority Whip John Thune and Josh Hawley (R-Mo.) are the GOP senators who have suggested Menendez should resign.

Among Democratic senators, Alex Padilla (D-Calif.) and Ben Ray Luján (D-Nm) have yet to join the chorus calling for Menendez to resign.

Anthony Adragna contributed to this report.

Anna Muller for TROIB News