Embattled Democratic New Jersey Sen. Bob Menendez was found guilty of all charges in his lengthy corruption trial Tuesday, but that may not be enough to stop him from remaining in office or continuing his campaign for re-election in November.
A jury found Menendez guilty of several charges, including extortion, bribery, conspiracy, obstruction of justice, wire fraud and acting as a foreign agent. The jury deliberated for three days following a nine-week trial.
Within moments of the news breaking, Menendez’s Democratic colleagues began to call for his resignation, with some even threatening to expel him from Congress.
Majority Leader Chuck Schumer, D-N.Y., issued a prompt statement asking Menendez to step down following the verdict.
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“In light of this guilty verdict, Senator Menendez must now do what is right for his constituents, the Senate, and our country, and resign,” Schumer said in a statement.
However, Menendez said he plans to appeal the conviction.
“I am deeply disappointed in the decision,” Menendez said.
Several other Democratic colleagues and fellow New Jersey officials have echoed Schumer’s call for Menendez’s resignation. Only some have mentioned the potential of expulsion, which could be the next mechanism used to remove him from his Senate seat.
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Unless Menendez chooses to resign, which seems improbable, there is nothing preventing him from remaining in Congress.
There is similarly nothing that prevents him from continuing his campaign for re-election to the Senate in New Jersey as an independent, which he has filed to do.
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There is also nothing to stop Menendez from serving as a senator while in prison, barring an election loss.
The criteria to serve in Congress is laid out in the Constitution in Article I, Section 3, Clause 3. A candidate must be at least 30 years old, have held U.S. citizenship at least nine years and live in the state he is seeking to represent at the time of an election.
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While Menendez is able to continue his re-election bid, he is unlikely to win, especially running as an independent. He faces a popular Democratic nominee for Senate in Rep. Andy Kim, D-N.J., as well as Republican nominee Curtis Bashaw.
Additionally, he could face expulsion from the upper chamber before the November election if the body is united enough to begin the process and expedite it.
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