Update: When the Senate convened for its session at 3 p.m., Senator Menendez’s letter of resignation was read into the Senate record; Governor Murphy received the letter soon afterwards.
Bob Menendez will resign his seat in the U.S. Senate effective August 20 following his conviction on federal corruption charges, the New Jersey Globe has confirmed.
Three sources with knowledge of his plans said that a letter of resignation could come as early as today.
Gov. Phil Murphy must appoint a replacement to fill the remainder of Menendez’s term, which ends on January 3, 2025. He has said he would appoint a caretaker. Possible candidates include First Lady Tammy Murphy, Lt. Governor Tahesha Way, former Murphy Chief of Staff George Helmy, former Secretary of State Nina Mitchell Wells, and U.S. District Court Judge Esther Salas; there are likely to be others on the list as well.
Rep. Andy Kim (D-Moorestown), the Democratic nominee for Menendez’s seat in the fall general election, has said he would accept a Senate appointment if asked.
The Senate is scheduled to be on recess from August 5 to September 6, giving Murphy until the first week in September to settle on his pick. That person would serve four months in the U.S. Senate.
The delay between now and the planned resignation date could give Menendez the chance to give a farewell address from the Senate floor; he’ll also be able to continue voting on bills and nominations until his resignation becomes official.
Menendez, a three-term Democrat who once chaired the Senate Foreign Relations Committee, had stridently resisted calls for his resignation ever since a federal indictment against him was unsealed last September. Federal prosecutors accused the senator of trading influence in Washington for cash, gifts, and gold bars from three New Jersey businessmen; it was Menendez’s second bribery indictment, after previously beating corruption charges in 2017 following a mistrial.
Even after Menendez was found guilty on all sixteen charges on July 16, the senator continued to maintain his innocence and insisted that he would appeal the ruling.
But Menendez’s fellow senators, many of whom had already called for his resignation months ago, turned even more sharply against the senator after the verdict came down. U.S. Senator Cory Booker, Menendez’s longtime friend, said that if Menendez refused to resign, he would lead an effort to expel him from the Senate.
“He must stand up now and leave the Senate. He must do that. And if he refuses to do that, I will lead that effort to make sure that he’s removed from the Senate,” Booker said in an MSNBC interview. “It is the just thing to do.”
Senate Majority Leader Chuck Schumer did not join in the calls for expulsion, but did say he believed Menendez should resign, something he had not said up until that point.
“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.
The Senate Ethics Committee, meanwhile, announced yesterday that it was beginning a review of Menendez’s conduct, a process that could have ultimately led to a recommendation of disciplinary actions such as censure or expulsion.
Menendez did not run for re-election this year as a Democrat, following widespread loss of support from both party leaders and voters in New Jersey due to the explosive charges against him. Kim, a three-term congressman from Burlington County, prevailed as the Democratic nominee to succeed him after a truncated intraparty fight, while Republicans nominated developer Curtis Bashaw.
But the incumbent senator did file to run again as an independent, arguing that he was “do[ing] what must be done to continue to uphold my oath of office for my constituents.” His would-be campaign worried some Democrats, who feared that he would split the Democratic vote enough to give Republicans an opening to win the seat; polls showed that a close race was possible with Menendez on the ballot.
Menendez has not yet announced if he will continue his independent bid, but his decision to resign makes such a campaign improbable.