The Easy Way to Remove Sen. Bob Menendez (D-N.J.) from the Senate: A Hitchhiker's Guide

In U.S. history, the Senate has expelled only 15 of its members, with the last expulsion occurring in 1862, involving Sen. Jesse Bright (D-IN).

Numerous lawmakers are urging Menendez to resign instead of being expelled.

The reason? It ain’t easy.

Here’s the process. It ain't easy.

A senator proposes a resolution to expel Menendez, but it does not receive immediate consideration.

If someone brought up a resolution, it could be immediately referred to the Ethics Committee, which could delay the process as the Ethics panel investigates.

The Ethics Committee could swiftly release its report on Menendez's conduct and submit the measure for a vote.

If the resolution to expel is locked up in committee, senators could attempt to pry it loose through a "motion to discharge." Although this process is more complex, it may be successful in this particular situation.

The Senate must vote to proceed to the expulsion resolution, which requires a simple majority and has no filibuster/cloture on the front end.

The Senate can then debate the expulsion question for as long as necessary.

The Senate may need to file "cloture" to overcome the filibuster on the expulsion of Menendez, which requires 60 votes.

If the Senate votes to break the filibuster, it must then vote on the expulsion resolution with a two-thirds majority.

After Menendez's conviction, the U.S. Senate Select Committee on Ethics Chairman Christopher A. Coons (D-Del.) and Vice Chairman James Lankford (R-Okla.) released a statement.

"Following the 2023 indictment of Senator Robert Menendez, the Committee launched an investigation into the allegations of misconduct against him. In September 2023, the Committee issued a statement regarding its policies in cases where there is an active and ongoing criminal investigation. Now that Senator Menendez's trial has ended, the Committee will complete its investigation promptly. The Committee will consider the full range of disciplinary actions available under the Rules of Procedure."

Despite the possibility of expulsion, Sen. Harrison Williams (D-N,J.) and Sen. Bob Packwood (D-Or.) resigned before the Senate could gather enough votes to remove them.

There is a possibility that someone could propose a resolution to expel Menendez and attempt to bypass the Ethics Committee, but this would require the approval of all 100 senators. Since Menendez is still a senator, it is likely that he and others may object or attempt to block the resolution.