After Bob Menendez indictment, resolution would ban senators charged with certain crimes from attending classified briefings
But what if the classified briefings feature gold bars?
Context
In September, Sen. Bob Menendez (D-NJ) was charged with bribery for allegedly doing favors for both the Egyptian government and individual businesspeople, in exchange for gifts including gold bars for himself and a luxury Mercedes-Benz for his wife.
The indictment also indicated that law enforcement obtained a warrant for Sen. Menendez’s internet search history, which included the query “how much is one kilo of gold worth.”
Sen. Menendez is pleading not guilty, with his trial set to begin in May 2024. Up for potential reelection later that same year, in November 2024, Menendez has so far left the door open to seeking another term.
Several fellow Democrats are now challenging him for the party nomination, most prominently Rep. Andy Kim (D-NJ3). As of this writing, New Jersey First Lady Tammy Murphy is also reportedly set to announce a bid soon.
Sen. John Fetterman (D-PA), from Menendez’s bordering state of Pennsylvania, was the first senator to publicly call on Menendez to resign his seat. Now 31 Senate Democrats have followed suit, including Menendez’s fellow home state Sen. Cory Booker (D-NJ).
The indictment says Menendez’s alleged crimes cover the same period he was chair of the Senate Foreign Relations Committee. He has stepped down from that position because of the indictment, replaced by Sen. Ben Cardin (D-MD).
What the resolution does
On November 1, Sen. Menendez attended a classified briefing for senators about the war in Ukraine.
One day later, Sen. Fetterman introduced a Senate resolution that would ban senators from attending classified briefings or reading classified documents if they’ve been charged with one of three crimes:
- Acting as an agent for a foreign government, the main crime for which Sen. Menendez is charged
- Illegally disclosing or improperly handling classified information
- Compromising U.S. national security
If a senator is found not guilty, or if the charges are dismissed, they would receive access to classified information once again.
It was introduced in the Senate on November 2 as S.Res. 446. The resolution does not appear to have another, more “official” title.
What supporters say
Supporters argue that Sen. Menendez’s charges are too grave to entrust them with the nation’s most important information, even before a potential conviction.
“When you find gold bars stuffed in a mattress, the jokes write themselves,” Sen. Fetterman said in a statement. “But our national security isn’t funny, it’s often life or death.”
“The Senate has an obligation to its constituents and this country to do everything it can to protect national security, and that means making sure that senators who are currently indicted for acting as agents of foreign powers don’t have access to our most sensitive national secrets,” Sen. Fetterman continued. “If an indicted senator doesn’t have the guts or basic decency to step down, the Senate must act to protect national security and the institution itself.”
What opponents say
Opponents, unsurprisingly including Sen. Menendez himself, counter that he’s only been charged and not convicted — and, indeed, maintains his innocence.
“Getting enough data on Ukraine is something that’s worthy as we consider the supplemental [funding package],” Sen. Menendez told CNN’s Chief Congressional Correspondent Manu Raju. “Bottom line is, I’m a United States senator, I have my security credentials, and an accusation is just that. It’s not proof of anything.”
Odds of passage
Although a majority of Sen. Menendez’s fellow Senate Democrats have called for his resignation, this bill has not yet attracted any cosponsors.
Why the discrepancy? The likeliest explanation is that this bill would institute a Senate-inflicted punishment, while those senators want Menendez to step down of his own accord. There is little to no push in the chamber to actually expel him, as the Senate is allowed to do, with the upper chamber having expelled 15 of its own members during American history.
The bill awaits a potential vote in the Senate Rules and Administration Committee.
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This article was written by GovTrack Insider staff writer Jesse Rifkin.
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