
Despite conviction, Menendez can seek reelection
✔ Sen. Bob Menendez guilty of bribery and corruption
✔ He could still run for reelection
✔ He could still hold office, even if facing jailtime
New Jersey U.S. Senator Bob Menendez remained defiant after a federal jury found him guilty of 16 counts including bribery, corruption and acting as the agent of a foreign government.
Outside a Manhattan courthouse, Menendez still professed his innocence and said he was confident he would win an appeal.
"I have every faith that the law and the facts did not sustain that decision, and that we will be successful upon appeal," Menendez proclaimed.
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What he did not say was what he intended to do about his political future.
Democrats in New Jersey have abandoned him. His colleagues in the Senate are telling him to resign or they will kick him out.
That may be the only way to finally drive a stake through the heart of a man who was once one of the most powerful Democrats in New Jersey and on Capitol Hill.
The U.S. Constitution and federal election laws would technically allow him to continue to serve and seek a fourth term in office.
What happens now?
The judge in the Menendez case has sent a sentencing date of Oct. 29. That is just one week from Election Day.
Menendez is facing decades in prison.
Federal prosecutors are expected to seek maximum terms.
It is not known if Menendez would be allowed to remain free as the appeals process plays out. That process could take months or years.
Could he still seek reelection?
The short answers is yes.
He could still run for reelection and hold onto his seat, even if he's facing or serving prison time, according to the National Constitution Center, a private nonprofit that focuses on constitutional education.
There is nothing in the U.S Constitution or federal election law that would prevent Menendez from remaining in office or seek another term.
The Constitution does allow the Senate to discipline its own members for misconduct, but it also doesn’t bar a member of Congress from holding office after a conviction in court.
The only exception is treason. Even though Menendez was convicted of acting as the agent of a foreign government, that does not rise to the level of treason under the law.
Senate members can vote to censure, or publicly criticize, a member by a majority vote, but it takes a two-thirds majority vote to expel a member.
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According to the National Constitution Center: A convicted Senator can still vote if present, but the party leadership can change their committee status. And technically, absent their expulsion from Congress, a member can serve while in jail and run for re-election, unless they are convicted of treason.
Will the Senate expel Menendez?
Support for expulsion is increasing.
Immediately after the conviction, Gov. Phil Murphy called for Menendez to resign or be expelled.
Fellow New Jersey U.S. Senator Cory Booker was among the loudest voices calling for expulsion and told MSNBC he would lead that effort.
Booker told Rachel Maddow the charges against Menendez are "frightening" and "He needs to step down right now."
Senate Majority Leader Chuck Schumer, D-N.Y., was among those calling for Menendez to resign, but stopped short of calling for expulsion.
How would expulsion work?
The Constitution gives Congress the power to punish its members and requires a two-thirds majority to expel a lawmaker. Democrats have a tenuous hold on the majority thanks to independent members caucusing with them. Whether they might decide to pursue expulsion isn't clear.
“There is no requirement or rule requiring expulsion votes or hearings if a member is convicted of a crime,” according to Josh Howard, assistant historian at the Senate Historical Office. “It would be up to the Majority Leader and/or Senate Select Committee on Ethics to determine next steps, if there are any.”
What is certain is that expulsion hasn't happened in more than 160 years. The last such vote was in 1862, according to the Senate, and by far most of the 15 senators who were expelled were booted for supporting the Confederacy.
In 1982, New Jersey U.S. Senator Harrison A. Williams was facing expulsion for his role in the Abscam scandal, but resigned before a full vote could be taken.
The bottom line
For now, Menendez controls his own destiny.
A decision to resign would be the cleanest end to this long saga.
Many political insiders do not see that happening. Menendez is a fighter and will not go quietly.
Even if he chooses to remain in the senate race as an independent, there is virtually no chance he wins. He would do it out of spite.
However, there are some loyalists who would still vote for him believing he was unfairly prosecuted. How much of that support exists is not clear.
The fear among Democrats is that he could siphon enough votes away from Rep. Andy Kim to potentially allow Republicans to capture the seat.
Republicans have not won a U.S. Senate seat in five decades.
With a tenuous majority in the Senate, Democrats are unlikely to leave that to chance and move to expel Menendez. However, they will need at least 18 Republican Senators to vote for expulsion.
Those votes are not guaranteed, especially if Republicans believe their best chance of flipping Menendez' seat comes with him still in office and still in the race.
The Associated Press contributed to this report.
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