Only 15 U.S. Senators have been expelled from the chamber in its history – and any push to make Democratic New Jersey Sen. Bob Menendez the 16th would entail a serious uphill battle.
The Senate has only expelled 15 of its members in U.S. history. In fact the last was Sen. Jesse Bright 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.
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. However, Menendez has already been convicted.
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.
Senate Select Committee on Ethics Chairman Christopher A. Coons and Vice Chairman James Lankford 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.
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