The Senate has only expelled 15 of its members in U.S. history. In fact the last was Sen. Jesse Bright (D-In.) in 1862.
This is why a number of lawmakers are calling on Menendez to resign rather than be expelled.
The reason? It ain’t easy.
Here’s the process. It ain’t easy.
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A senator could draw up a resolution to expel Menendez. The Constitution requires a two-thirds vote to expel. But it does not hit the floor right away.
Even if someone brought up a resolution, it could be referred immediately to the Ethics Committee. That could bottle things up for a while as the Ethics panel investigates.
Democratic New Jersey Sen. Bob Menendez is facing calls to resign. If he doesn’t, the Senate is able to expel him – but expulsions are a historical rarity. (Getty Images)
However, Menendez has already been convicted. So the Ethics Committee could just send out its “report” on the conduct of Menendez quickly and send the measure to the floor.
However, if the resolution to expel gets locked up in committee, senators could try to pry it loose via a “motion to discharge.” That is more complicated. But it may work in this instance.
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Regardless, the Senate must vote to “proceed” to the expulsion resolution. That requires a simple majority. There is no filibuster/cloture on the front end.
The Senate can then debate the expulsion question for as long as necessary.
However, if requested, the Senate may need to stave off a filibuster. So the Senate may need to file “cloture” to overcome the filibuster on the expulsion of Menendez. That takes 60 yeas.
The Senate would require a two-thirds vote to expel embattled New Jersey Democrat Bob Menendez from its ranks. However, the Senate may also need to invoke cloture to stave off a filibuster of the expulsion resolution. (AP Photo/Mariam Zuhaib)
If the Senate breaks the filibuster, it can then vote on the expulsion resolution itself. That requires a two-thirds vote.
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U.S. Senate Select Committee on Ethics Chairman Christopher A. Coons (D-Del.) and Vice Chairman James Lankford (R-Okla.) issued a statement after Menendez was convicted.
“Immediately following the 2023 indictment of Senator Robert Menendez, the Committee initiated an investigation into the allegations of misconduct against him. In September 2023, the Committee issued a statement regarding the Committee’s policies in matters where there is an active and ongoing criminal investigation. Now that Senator Menendez’s trial has concluded, the Committee will complete its investigation promptly. The Committee will consider the full range of disciplinary actions available under the Rules of Procedure.”
It’s notable that late Sen. Harrison Williams (D-N.J.) and former Sen. Bob Packwood (D-Or.) faced potential expulsion votes. But both resigned before the Senate could cobble together the votes to kick them out.
It’s also possible that someone could just prep a resolution to expel – and conceivably try to bypass the Ethics Committee and put the issue on the floor right away. But that would require the blessing of all 100 senators. Menendez is still a senator. So it’s likely he and others might object or try to block it.