One of the most important, albeit underreported, political stories of the year is that of Robert Menendez, the senior Democratic Senator from New Jersey who has served in Congress since 1993. Next week, Menendez will arrive in federal court in Newark, New Jersey to face charges of corruption, bribery and fraud brought forward by the Obama Justice Department in 2015.
According to his indictment, Menendez implicated himself in a quid pro quo with Salomon Melgen, an ophthalmologist and personal friend of the Senator. In a scandalous storyline that would fit nicely in the television show House of Cards, Menendez allegedly used his status as a Senator to benefit Melgen through a port security deal and the acquisition of visas for Melgen’s girlfriends in exchange for luxurious vacations and political donations. Melgen will appear as a co-defendant with Menendez, but in an unrelated case, he has already been convicted on 67 counts of defrauding Medicare of over $100 million and faces up to 20 years in prison.
If Menendez is removed from office or resigns, the New Jersey Governor, currently Republican Chris Christie, will appoint a temporary replacement. However, Christie’s term ends on Jan. 16, and recent polling suggests that Phil Murphy, a Democrat, maintains a 20 point lead over Republican Kim Guadagno, and is likely to assume the governorship in January.
The political implications of the case are enormous. Currently, Republicans maintain a 52-seat majority in the Senate but have been unable to consistently whip the necessary votes to maintain a governing majority and pass legislation. In July, their attempt to repeal and replace the Affordable Care Act failed by just one vote in the Senate after Republicans Susan Collins and Lisa Murkowski voted no, and John McCain dramatically returned from cancer treatment to vote down the bill on the Senate floor. A Christie appointment would likely add another member to the Republican caucus and present the opportunity for another vote on healthcare, which could now pass even with three Republican dissensions. Republican Senate Leadership would likely jump at the opportunity to reintroduce the bill that would fulfill a long-awaited campaign promise.
An interesting wrinkle to this case is that even a criminal conviction would not automatically remove Senator Menendez from office. As reported by The New York Times, Menendez will remain in office until he voluntarily resigns or is removed by two thirds of his colleagues, which would require bi-partisan support from Republicans and Democrats.
For Republicans, the Menendez case is certainly a boon, as it presents the possibility of increasing their majority in the Senate while embracing the moral high ground by rebuking corruption. If Menendez is eventually convicted, he is unlikely to find many allies in the Republican caucus, many of whom will undoubtedly call for his resignation.
From Democrats’ perspective, Senator Menendez’s trial presents a political challenge and a moral imperative. Politically, losing Menendez’s vote in a closely divided Congress could be severely detrimental to the Democratic agenda, especially on healthcare. However, if Menendez is convicted, Democrats have a moral obligation to call for his immediate resignation as well, no matter who holds the governorship of New Jersey. The day that a man convicted of corruption or bribery remains a United States Senator to influence a political vote is a sad day for American democracy.
If Menendez is eventually convicted, some may argue that keeping him in office is a necessary means to prevent the advancement of a Republican repeal of Obamacare. This claim warrants some consideration, for it does seem resolutely undemocratic that one temporary appointee to the Senate could decide on the American healthcare system for generations. Nonetheless, it is irresponsible to endorse this course of action, for at a time when America is so bitterly divided, it descends into rank partisanship and blatantly ignores the importance of the rule of law and political integrity as pillars of American civic life. There are many possible solutions to the problems America currently faces, but it is difficult to argue that more partisanship is one of them.
Just as in the Russia investigation, every American, regardless of political affiliation ought to hope for the same result in Menendez’s trial: that it reveals the truth and administers justice so that the nation can proceed accordingly. If Senator Menendez is indeed innocent, may his day in court fully exonerate him, and if he has erred, may the court’s decision condemn his mistakes.
In describing the United States Senate, the body in which Menendez currently serves, Tocqueville lauded its members as “a large proportion of the most celebrated men in America.” Similarly, in Federalist 62, Madison stressed the importance of “stability of character” in the members of Congress’s upper chamber. If the allegations against Senator Menendez are true, he is undeserving of the honor of serving in one of America’s most venerable political institutions.
Ian Buchanan is a Trinity sophomore. His column, "let freedom ring," runs on alternate Wednesdays.
Get The Chronicle straight to your inbox
Signup for our weekly newsletter. Cancel at any time.
Ian Buchanan is a Trinity sophomore. His column, "let freedom ring," runs on alternate Wednesdays.