The guilty verdict of Sen. Bob Menendez marks the end of a dramatic nine-week trial — but the New Jersey Democrat’s legal and political odyssey will continue.
Here’s everything you need to know about Menendez’s conviction and what comes next.
What was Menendez convicted of?
Menendez was charged with 16 counts for accepting bribes from New Jersey businesspeople with ties to the governments of Egypt and Qatar. The charges included bribery, obstruction of justice, honest services fraud, conspiracy to commit extortion under color of official right, and acting as a foreign agent. The senator was found guilty on all of the charges.
Prosecutors said Menendez leveraged his political influence to shield the businesspeople from criminal investigations, secretly aid the Egyptian government, and assist one of the businesspeople land a million-dollar investment from a company with ties to Qatar.
During an FBI raid at the Menendez residence in New Jersey, agents found “hundreds of thousands of dollars” worth of gifts: gold, cash and home furnishings, and they say the businesspeople made payments toward his wife Nadine’s mortgage and paid for a Mercedes-Benz convertible.
What happens next?
Judge Sidney Stein, who oversaw the trial, will sentence Menendez and the other defendants on Oct. 29. Before that, the federal probation office will conduct a presentence investigation to provide background on the defendants’ personal lives. Prosecutors and the defense teams also will submit briefs arguing for their suggested punishment.
Once a sentence is handed down, Menendez and the other defendants can appeal.
Will Menendez go to prison?
Menendez, 70, faces up to 222 years in prison for the numerous counts he was convicted of, though he is unlikely to receive the maximum allowable sentence. “A term in prison would be totally appropriate,” said Kevin O’Brien, a former federal prosecutor who is now a partner at Ford O’Brien Landy.
Federal sentencing guidelines will recommend a range of potential sentences based on the nature of the crimes, Menendez’s role in them, his lack of prior convictions and other factors. The judge has the final say on the sentence.
Can he stay in Congress?
He can try. But he might be expelled.
“There’s no bar from serving in office as a senator if he has a felony, much like Donald Trump can serve as president even though he also has a felony,” said Duncan Levin, managing partner at Levin & Associates and a former federal prosecutor.
However, the guilty verdict could result in a Senate vote for expulsion. Article I, section 5 of the Constitution allows either house of Congress to expel one of its own members by a two-thirds vote. The Senate has only expelled 15 members since 1789, though other senators resigned when it became clear an expulsion was imminent. In 1981, for instance, Sen. Harrison Williams — who, like Menendez, was a New Jersey Democrat — was also convicted of bribery and conspiracy. He resigned before the Senate voted to expel him.
Can he continue to run for reelection?
Yes.
Last month, Menendez announced he would run for reelection as an independent, not a Democrat. “Now that he’s been convicted I would assume the government would want the sentencing to take place before the election,” O’Brien said. Based on Menendez’s initial bribery case that was dropped in 2018, O’Brien doesn’t see Menendez bowing out anytime soon. He may argue to voters that the trial was unfair and that he hopes to overturn the verdict on appeal.
“From past behavior I have to assume he will stay in the race and emphasize the process isn’t final yet, and appeal his conviction,” O’Brien said. Shortly after the verdict was announced, Senate Majority Leader Chuck Schumercalled for Menendez to resign.
Can he still vote?
In New Jersey, people who are in prison cannot vote. If Menendez isn’t sentenced to prison before the general election he’ll be able to vote for himself.
What will happen to Menendez’s wife?
Nadine Menendez has been charged with 15 counts, but her trial has been postponed while she is receiving treatment for breast cancer.