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Bob Menendez and Constitutional Hardball

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In a shocking development, a New Jersey politician might be corrupt:

The long-awaited corruption trial for Sen. Bob Menendez (D-NJ) will kick off this September, and its outcome could have major implications for the balance of power in the United States Senate and for the Republican agenda.

Prosecutors are alleging that Menendez accepted expensive gifts from a wealthy supporter and friend, Dr. Salomon Melgen, in exchange for intervening on behalf of the doctor’s business interests with government officials (and trying to get visas for the doctor’s girlfriends). Menendez asserts he’s done nothing wrong.

We don’t yet know whether a jury will find Menendez innocent or guilty, and a conviction can’t by itself remove him from office. If he is convicted, though, he is sure to face immediate pressure to resign from the Senate, and Republican leaders will likely hold a vote on whether he should be expelled — a vote that would need two-thirds Senate support to succeed.

Here’s the thing. Even if he’s convicted, until Chris Christie is out of office:

  • Menendez should not resign.
  • Democrats should not vote for him to be expelled.

Allowing Menendez to be replaced by a lame-duck governor would be contrary to the interests of democracy, and tens of millions of people shouldn’t have their access to healthcare threatened because Menendez is an asshole. And if Mitch McConnell wants to complain about the Destruction of Senate Norms, just hold up pictures of Merrick Garland.

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