Expulsion of Santos Sets New Precedent
The senator in question is facing charges of being a foreign agent for Egypt, which has sparked a discussion about the standards for expulsion in Congress. This controversy has led to comparisons with previous cases and raised questions about potential double standards.
Historical Precedents for Expulsion
Historically, expulsion from the House or Senate required being either a convict or having ties to the Confederate cause. However, recent cases deviated from this pattern, including the expulsion of former Rep. Ozzie Myers and late Rep. Jim Traficant, who were both found guilty in federal court. The only exception was the expulsion of late Tennessee Sen. William Blount in 1797 for treasonous activities.
The Case of Santos vs. Menendez
The recent expulsion of George Santos, who was charged with defrauding his own campaign, has drawn attention to a potential double standard. Santos faces trial in February, while Sen. Menendez, who faces similar legal issues, remains in office. This discrepancy has raised questions about the criteria for expulsion and whether a new precedent has been set.
Political Implications
The expulsion of Santos has had political ramifications, with House Democrats ready to criticize Republicans if they had failed to expel Santos. Exploiting this situation could have been advantageous for Democrats heading into the 2024 elections. Conversely, Senate Republicans have refrained from seizing the opportunity to criticize Menendez, possibly using it to target vulnerable Democratic lawmakers facing re-election.
Avoiding Controversy
Senate Minority Leader Mitch McConnell has chosen not to comment on Menendez’s situation, suggesting it is an internal problem for the majority. However, some Republicans argue that Democrats are protecting their own members and maintaining a slim majority in the Senate. The reluctance to take action against Menendez may be due to the political implications and the potential impact on the balance of power.
The Possibility of Expulsion
It is unclear whether the Senate could gather the necessary two-thirds majority to expel Menendez. The last expulsion took place in 1862, and subsequent cases involving senators like Harrison Williams and Bob Packwood did not result in expulsion. Even if Menendez were expelled, Democrats would likely retain control of the Senate due to Vice President Kamala Harris’s tie-breaking vote.
The Role of Political Will
Ultimately, the decision to expel a member of Congress comes down to political will. The Constitution allows for expulsion without specifying the motive or rationale. While the House established a new precedent by expelling Santos, the Senate has not shown the same willingness to take action against Menendez. Whether this is due to the lack of votes or political considerations remains to be seen.