I can’t say I enjoyed reading the U.S. Attorneys’ trial brief for their prosecution of New Jersey Senator Bob Menendez. But that’s what I spent a good part of my morning doing. I was already familiar with the general outlines of their case, but now I have a sense of how strong their evidence will be at trial. The evidence looks very formidable and I don’t anticipate that the senator will be winning an acquittal.
Of course, I am not a lawyer and the prosecutions’ trial brief only presents one side of the story. On the other hand, the brief does spend considerable time anticipating likely avenues of defense, and they look well prepared to shoot down all of Menendez’s efforts to explain away his behavior. Some people think the bribery case will be hard to prove, but a conviction on failure to disclose gifts seems inevitable.
My best guess is that at the conclusion of this trial Menendez will be convicted of all of it, and then will likely be forced to resign his seat in the Senate. The political implications of this are somewhat terrifying.
The trial is set to begin on September 6th. If it ends, as expected, before a new (likely Democratic) governor is elected in New Jersey and sworn in, then Republican Gov. Chris Christie will make an interim appointment to the Senate and increase the size of the GOP’s caucus by one. Christie, who has about 138 days left to serve, says he won’t appoint himself, which is I guess some small comfort. But we shouldn’t forget that the Obamacare repeal effort failed by a single vote.
You shouldn’t completely panic on that score, however, for a couple of reasons. First, there were more votes against the health care repeal in the Senate but some senators hid under McCain’s skirt. If the whole thing is replayed and another ‘no’ vote becomes necessary, it’s not unlikely that it will be found.
Second, if the Senate passes a new budget it will obliterate the old budget. That means that the health care bill can only be brought back again under the budget reconciliation rules so long as Congress hasn’t moved on to tax reform. In layman’s terms, if they want a second bite at the health care bill apple, they’ll have to hold off on doing a new budget. And a new budget is a prerequisite for passing a tax reform or even a tax cut with a bare majority.
Still, the possibility exists that Obamacare repeal could return like a zombie and actually succeed in passing the Senate.
In that case, the fallback will be an inability of the House and Senate to come together on a bill they can agree to. I believe the House would have failed to pass the Senate bill as is, even if McCain had voted for it, but that isn’t a certainty.
Given the stakes, I’d like to be able to put in a good word for Menendez, but I can’t. Whether the prosecutors prove their entire case or not, Menendez’s behavior was contemptible and corrosive to the people’s faith in their government. He should resign for the good of the institution he serves and the party he represents.
And, speaking selfishly, as a New Jersey born-and-bred Democrat (now living in Pennsylvania), I have had more than my fill of corrupt Garden State Democrats. I’ve never been a fan of Menendez and have disagreed vociferously with his foreign policy stances on Iran and Cuba, and in some instances Israel. But that’s not my reason for wanting to see him made an example of. We need politicians with some personal rectitude and the good sense to treat their positions with reverence rather than as an opportunity to travel on private jets and stay in the swankiest Parisian hotels and Dominican resorts.
His behavior ought the be punished. But I don’t think it’s wrong of me to hope that the process takes considerably longer than expected so that a Democratic governor can appoint a hopefully much better replacement.
I guess there is a possibility that Menendez will beat all the most serious charges and get nailed only for a failure to report gifts. And then the party may back him up in refusing to resign. I would consider that a bad outcome despite the obvious benefits. The party should have some standards, and that’s not possible if they’re making excuses for Bob Menendez.
We need to avoid in as many ways as possible any whiff of both sides are the same. If he’s convicted of anything and stays in the Senate that’s all we’ll here for months and it’s hard enough to get the media to focus on policy
How does ‘forced to resign’ work?
you can be voted out.
the last three…
…resigned before being forced out.
In 1990, Sen. David Durenberger of Minnesota was censured for behavior that will similar to the lesser charges against Menendez.
Thanks.
I’m trying to get a sense of the timing. Trial starts on Sept. 6th. How long before we can expect a verdict? October? Then the Democrats demand his resignation, but he refuses. Then they threaten to vote to expel, but he still refuses. Then they start the vote to expel, but the Senate schedule is so overwhelmed it will take quite a while …
I’d never hope for anything morally dubious, of course, I’m far too pure for that, but how long can this be slow-walked?
Gaming out a timeline for this sort of thing is incredibly difficult and appears to be exceptionally so for NJ Senate seats.
It was orderly when Bill Bradley announced in Aug 1995 that he would not seek reelection in 1996 and a little less so in 2000 because Lautenberg only announced in that year that he wouldn’t seek re-election (a decision that he apparently quickly regretted when Whitman and Kean chose not to run). Bradley’s successor, Torricelli (he makes Menendez look respectable) dropped out of his 2002 reelection bid on September 30, 2002. The NJ SC ruled in favor of the Democratic Party replacing Torricelli with Lautenberg on the November 2002 ballot. Lautenberg’s successor, Corzine, didn’t serve out his term as he was elected governor in 2005. In January 2006, he appointed Menendez to complete his term and Menendez then ran in and won the 2006 Senate election.
The 2014 NJ Senate election started off orderly:
January 2013 – Cory Booker sets up exploratory committee.
February 2013 – Frank Lautenberg announced that he would not seek re-election.
Then: June 3, 2013 – Frank Lautenberg dies.
The next day Christie announced that a special general election would be held in November to fill the Senate seat. Candidate were given six days to qualify for the special primary to be held in August.
Booker was ready to go, but a special general election was a wild card. It was obvious that Christie was minimizing the risk to himself in his 2013 re-election by not appointing a replacement to Lautenberg’s seat and not having the Senate special election on the same ballot as the 2013 gubernatorial election. Christie won that gamble.
Correction: …Christie announced that special general election would be held in October…
That cost NJ a few million dollars to add the October special general election to the calendar. My understanding is that there was no legal barrier to including that Senate race on the November ballot.
Big questions:
Best scenario I can think of for Democrats is that Menendez is acquitted and announces that he won’t seek reelection in 2018, and if Murphy is elected, Menendez resigns in February.
You would think he’d just file an appeal. The Dems let the appeal process play out. Then he resigns.
Exactly, he can ride this out until after Christie leaves. It won’t be pretty in the short term, but it’s not the end of the world.
Given the SCOTUS decision concerning Bob McDonell, it’s also highly likely he get everything tossed out on appeal too unless the DoJ have an absolute quid pro quo case. And everything I’ve seen says they don’t. At least not by the new unanimous standard set by SCOTUS.
And How! I started reading the brief. Wow. The wonder is that he got away with this as long as he did.
What was especially depressing was to read how he was on the take almost from the get-go in the Senate.
My dad was born in Nj and I’ve lived here since 1974. This is most depressing.
My wife is from NJ and very much a liberal but the NJ Democrats have been so corrupt or incompetent for so long she has occasionally voted for liberal Republicans like Tom Keane. Not sure why this syndrome continues but it sounds like the party needs to be completely shutdown and rebuilt. Which is probably not possible.
I don’t understand what the problem is. Simply appeal the case, and say you’re staying on while justice continues to run it’s course and you’ll resign if you loose.
The other option is also very simple. If convicted just announce you’re going to resign but not until after the the new governor is sworn in, which would probably be about 2-3 months after the case concludes.
Just site the precedent set by Republicans not allowing Obama to get a supreme court pick. Say a new Governor should have the right to choose this seat not someone with just 90 days left in office.
Do you think for a second the Republicans wouldn’t do either of the above? They would do it and not give a shit what anyone thinks or how it polls. The fact that Booman is even suggesting that the Dems voluntarily give up power when they simply don’t have to shows we’re still playing by different rules than the Repubs are. You simply don’t give up that seat before the new Governor is sworn in unless they can force you to do it. And they can’t.
The only way we loose this seat before the new Governor gets in is if Dems as usual wimp out and just give away power when they don’t have to.