New Jersey Senator Bob Menendez Convicted of Corruption, Faces Uncertain Political Future

New Jersey Senator Bob Menendez, a Democrat, has been found guilty on all counts in his federal corruption trial, becoming one of the few U.S. senators to be convicted of a crime while in office. This historic verdict marks the first time a senator has been found guilty of being an agent of a foreign government. The conviction raises questions about Menendez’s ability to serve out the remainder of his term and has prompted calls for his resignation.

Shortly after the jury’s decision, Senate Majority Leader Chuck Schumer wasted no time in urging Menendez to step down, while New Jersey Governor Phil Murphy called for the Senate to expel the senator if he refuses to resign. Menendez, however, did not comment on his political plans, maintaining his innocence and expressing confidence in a successful appeal.

Menendez’s term is set to end in January, and he has already announced his intention to run for a fourth term as an independent. The sentencing date has been scheduled for October 29, just a week before the November election, adding further uncertainty to his political future.

The Constitution grants Congress the power to punish its members, including expulsion, which requires a two-thirds majority vote. While expulsion has not occurred in over 160 years, it remains unclear whether Democrats, who currently hold a tenuous majority, will pursue this course of action. The decision ultimately lies with the Majority Leader and the Senate Select Committee on Ethics.

Resignation is another option that senators facing possible expulsion have chosen in the past. Menendez had already resisted pressure from prominent Democrats in his state and Senate colleagues to step down. The last senator convicted of a crime while in office, Ted Stevens of Alaska, also refused to resign and was subsequently ousted in an election. However, his conviction was later overturned due to alleged prosecutorial misconduct. The last senator to resign was Harrison Williams Jr., a fellow New Jersey Democrat, who stepped down in 1982 before facing a Senate expulsion vote for bribery.

In the event of a vacancy, New Jersey law allows the governor to appoint a senator, although it is not mandatory. Governor Murphy has stated that he will fulfill his duty to make a temporary appointment to ensure the people of New Jersey have representation. However, he has not disclosed who the appointee would be. The Democratic Party has already nominated Representative Andy Kim as its candidate for the November election. Speculation arises as to whether Murphy might choose Kim to gain seniority or potentially appoint his wife, Tammy Murphy, who previously launched a campaign for Menendez’s seat but withdrew due to a challenging battle against Kim. However, selecting his wife could prove politically problematic.

If there is no vacancy, Menendez could still run for reelection and retain his seat, even if he faces or serves prison time, according to the National Constitution Center.