In US history, the Senate has only ever expelled 15 members — in fact, the last time it did so was Sen. Jesse Bright (D-Indiana) in 1862.
For this reason, many lawmakers are calling for Menendez to resign rather than be expelled.
Why? Because it’s not easy.
This is the process, and it’s not easy.
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Senators could also draft a resolution to expel Menendez, which the Constitution requires requires a two-thirds majority, but it would not be taken up immediately.
Even if someone does propose a solution, it’s likely to be referred to the Ethics Committee immediately, and things could stall for a while while the Ethics Committee investigates.
Democratic Sen. Bob Menendez of New Jersey is facing calls to resign, and if he doesn’t, the Senate could expel him, a historically rare move. (Getty Images)
But Menendez has already been convicted, so the ethics committee only needs to quickly submit a “report” on Menendez’s conduct and introduce legislation to Congress.
But if the expulsion resolution gets stuck in committee, senators could try to dislodge it through a “motion to expel,” which is more complicated. But it might work in this case.
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Either way, the Senate must vote to “advance” the expulsion resolution, which requires a simple majority. There is no filibuster or filibuster to begin with.
The Senate can then debate the expulsion issue for as long as necessary.
But if called upon, the Senate may need to block the filibuster, so the Senate may have to file a “filibuster” to block the filibuster on Menendez’s ouster, which would take 60 years.
The Senate needs a two-thirds vote to expel New Jersey Democrat Bob Menendez from his caucus, but it may also need to invoke a filibuster to stop the expulsion resolution. (AP Photo/Maryam Zuhaib)
If the Senate breaks the filibuster, it can vote on the expulsion resolution itself, which requires a two-thirds majority.
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U.S. Senate Ethics Committee Chairman Christopher A. Coons (Delaware Democrat) and Vice Chairman James Lankford (Oklahoma Republican) issued a statement following Menendez’s guilty verdict.
“Shortly after Senator Robert Menendez was indicted in 2023, the Committee began investigating allegations of misconduct against him. In September 2023, the Committee statement Regarding the Committee’s policy regarding cases under ongoing criminal investigations: With Senator Menendez’s trial now concluded, the Committee will promptly complete its investigation. The Committee will consider the full range of disciplinary actions available under the Criminal Investigations Act. Rules of procedure“
It is worth noting that the late Sen. Harrison Williams (D-J.D.) and former Sen. Bob Packwood (D-Ore.) faced possible expulsion votes, but both resigned before the Senate could muster the votes to expel them.
It’s also possible that someone could prepare an expulsion resolution and try to get it on the table immediately, bypassing the Ethics Committee, but that would require approval by all 100 senators, and Menendez is still a senator, so there’s a good chance he or others could oppose or try to block it.
