The Boston Globe

Menendez should resign, for the good of the Senate and his party

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RMenendez should have viewed the outcome of that last trial as a lucky break and a second chance. Instead, the mistrial seemingly emboldened him to be even more brazen.

obert Menendez has sullied the reputation of New Jersey politician­s. Let that sink in for a minute. The veteran Democratic senator, chairman of the powerful Foreign Relations Committee, was charged last week — for the second time — in an alleged corruption scheme that would make a ward heeler blush, including that he took bribes in the form of gold bars and attempted to interfere in criminal investigat­ions on behalf of political cronies.

Menendez has beaten the rap once before, when his 2017 federal trial on a previous set of corruption allegation­s ended in a hung jury and the Justice Department decided against retrying him. He vehemently denies the latest allegation­s and says he has no intention of resigning, though he did step aside from his chairmansh­ip, as required by Senate rules.

But on Tuesday, several other prominent Democrats signaled they’d had enough, calling for Menendez to leave the Senate. That included both Massachuse­tts senators. Elizabeth Warren told a Globe columnist that “these are serious charges, and it’s time for Senator Menendez to step away from the

Senate and concentrat­e on his legal defense.” Ed Markey said: “The public’s trust has been broken. Senator Menendez should resign.” New Jersey’s governor, Phil Murphy, and other senator, Cory Booker, have both also asked Menendez to step down, which is especially notable because Booker stood by Menendez during his last scrape with the law.

Menendez should have viewed the outcome of that last trial as a lucky break and a second chance. Instead, the mistrial seemingly emboldened him to be even more brazen. According to prosecutor­s, in the months after the hung jury, he embarked on a corrupt scheme to help the Egyptian government win approval for arms deals in exchange for “hundreds of thousands of dollars of bribes.” The bribes would come to include “cash, gold, payments toward a home mortgage, compensati­on for a low-or-no-show job [for Menendez’s wife], a luxury vehicle, and other things of value,” prosecutor­s said. The indictment also alleges that Menendez attempted to meddle in a criminal case to protect two associates of a man who gave Menendez a Mercedes-Benz and recommende­d a US attorney candidate he believed he could influence regarding the prosecutio­n of a fund-raiser.

The case highlights the little-noticed power individual senators often exert over foreign arms sales and government appointmen­ts — power Menendez is accused of abusing. As the indictment notes, “as a matter of longstandi­ng, voluntary practice” the State Department lets the senior leaders of the Senate Foreign Relations Committee place holds on foreign military sales. Practices like that should come under a microscope. Congressio­nal oversight is vital. But under normal circumstan­ces it should be exercised by — well, by Congress, not by individual members.

As for Menendez’s future, bribery cases are notoriousl­y hard to prove in court — even when, as in this case, the evidence positively glitters. But when it comes to politics, criminalit­y is the wrong standard to apply. Whether or not Menendez belongs in prison, it’s clear that he doesn’t belong in the US Senate. The Democrats calling on one of their own to resign are defending the institutio­n (and also themselves, since they don’t want Menendez dragging down other Senate Democrats next year). And if Menendez doesn’t heed their calls to resign, Democratic and Republican opponents are waiting for him in next year’s elections.

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