Last month New Jersey’s Senior US Senator, Bob Menendez, was indicted on federal corruption charges which accuse him of using his powers as a US senator to interfere with legal investigations and appointments and providing the Egyptian government with sensitive US government information. Ashley Koning writes that while this is not the first time Senator Menendez has faced federal charges, his guilt appears to be much more apparent and provable. Many of his Democratic colleagues in Congress and in New Jersey have called for him to step down, and with some potential challenges to his senate seat, Menendez’s future in the US Senate looks increasingly uncertain.
The gold bars, hidden wads of cash in jacket pockets, foreign entanglements, fancy cars, corruption, and crime sound like the plot of a blockbuster thriller, but this is no movie (yet). This sequel is unfolding in real life, as Democratic US Senator Bob Menendez of New Jersey is indicted on federal charges for the second time within a decade. Six years after his first federal indictment ended in a mistrial, Menendez now faces a new set of bribery charges alongside his wife, Nadine Arslanian Menendez. The charges, in general, accuse Menendez of using his powers as a United States Senator and (now former) chair of the US Senate Foreign Relations Committee to interfere with legal investigations and appointments, as well as providing “sensitive US government information […] that secretly aided the government of Egypt.” And just last week, a superseding indictment was filed listing additional charges against Menendez and his wife that accuse them of being in violation of the Foreign Agents Registration Act by acting as unregistered foreign agents to the Egyptian government; Menendez, in particular, is prohibited from acting as a foreign agent as a member of Congress. In return, Menendez and his wife allegedly accepted hundreds of thousands of dollars in cash, checks, and gold bars and payments toward their home mortgage, as well as a “low-or-no-show” job and a luxury vehicle for Mrs. Menendez. While Menendez beat his first federal indictment and went on to win reelection in 2018, this latest set of charges and the copious amounts of physical evidence against him might just be damning enough to convict the senator, end his career, or both this time around.
Who’s Who in the Latest Indictment
The first of the other three indicted individuals is Mrs. Menendez’s friend, Wael Hana – an Egyptian-born American businessman with connections to the Egyptian government. Hana served as the link between the Menendezes and the Egyptian government, arranging meetings that discussed issues like aid and arms policies. In return, Hana’s company was granted exclusive authority to certify that food exports to Egypt were halal-compliant according to Islamic law, despite Hana himself admitting his company had no prior experience in this area; when the US Department of Agriculture began to investigate the matter, Menendez urged them to back down. The Menendezes received hundreds of thousands of dollars from Hana and a job for Nadine at Hana’s company. Hana is also charged in the latest superseding indictment.
More bribes in the form of cash and gold came from Fred Daibes – a longtime fundraiser for Menendez, friend of Hana, and real estate developer and banker in New Jersey. Daibes had been charged with a number of banking crimes in 2018, so when it came time for a new US Attorney in New Jersey at the start of the Biden administration in 2021, Menendez attempted to put his thumb on the scale during the process, looking for someone who would go easy on Daibes. Menendez’s choice – attorney Philip Sellinger – was eventually confirmed to the post, but he recused himself from the Daibes case, frustrating the senator. In light of the indictment, Daibes’ plea deal was recently rejected by the court.
And then there’s Jose Uribe, another New Jersey businessman and friend of Hana. Uribe asked Menendez for help with the New Jersey Attorney General’s office in order not to be implicated in another fraud case regarding his associates. In return, Uribe gifted Mrs. Menendez a down payment for what would ultimately be a new Mercedes-Benz to replace one damaged after a car crash (during which she had struck and killed a pedestrian). Menendez pressured the office regarding the cases – but to no avail.
What makes this time different?
Menendez has been through all this before – the charges, the trial, the threat to his reelection. In fact, this time around, the senator seems more emboldened than ever, angry and defiant in subsequent statements to the media and his colleagues. “Prosecutors get it wrong sometimes. Sadly, I know that,” he reminded in his first press conference after the indictment, alluding to the hung jury and the US Department’s decision to not reopen the first case in 2017. Menendez labeled the latest charges a “smear campaign” and that those who had already come out against him were “rush[ing] to judgment” for the sake of “political expediency.” And while Menendez has not explicitly mentioned reelection, he has been adamant that he will remain in his seat: “I firmly believe that when all the facts are presented, not only will I be exonerated, but I still will be New Jersey’s senior senator.” Menendez furthermore knows just how important his seat is on a national scale as Democrats hold onto control of the US Senate by a thread, as indicated by his comment following a closed-door meeting with Democratic colleagues shortly after his first indictment: “I will continue to cast votes on behalf of the people in New Jersey as I have for 18 years and I am sure when they need those votes, there’ll be looking forward for me to cast those votes.” The senator and his wife have pled not guilty in federal court at the end of September and were released on bail; their arraignment for the superseding indictment is set to take place October 23.
And yet, despite Menendez’s protesting of innocence, the writing on the wall is seemingly spelling out a different fate than it did six years ago. Unlike his first indictment, prosecutors have a much stronger case this time around with a multitude of proverbial “smoking guns” in the form of countless text messages and emails, a search of the Menendez home revealing cash and gold bars, and of course … the Mercedes-Benz. The ample amount and various forms of evidence make it much easier for prosecutors to connect the dots between intention and guilt. For example, deleted communications and documented decisions by the Menendezes to not communicate with the individuals involved in these crimes at times – as well as the Senator’s failure to report any of these gifts on Senate financial disclosure forms – clearly display a “consciousness of guilt.”
“200402-Z-IB607-1026” (CC BY-ND 2.0) by New Jersey National Guard
This second indictment, unlike the first one, has also caused Menendez to lose the support of most of New Jersey’s Congressional delegation and more than half of his Democratic colleagues in the Senate. During his first indictment, Democrats mainly rallied around Menendez; after all, a resignation would have meant an appointment (likely a Republican) by the then Republican Governor Chris Christie. This time, however, New Jersey Democratic Governor Phil Murphy, himself, spoke out hours after the indictment was made public, calling on Menendez to step down. Fellow Democratic members of Congress, state legislators, and party officials soon followed. But most damning to Menendez, after days of calls for resignation from Democrats both in and outside of the state, was the loss of support from his close colleague, junior Democratic Senator Cory Booker of New Jersey. While a number of those who have spoken out about Menendez have urged for a fair trial and the presumption of his innocence until proven otherwise, the erosion of intraparty support both state and nationwide is devastating to the senator’s political calculus. Fundraisers are dropping like flies, senators running for reelection in 2024 are actively coming out against him and some are talking expulsion, and a fellow New Jersey Congressmember has already announced he will run against him. As other scandals and crimes play out with 2024 presidential candidates and the US Supreme Court, Menendez’s second indictment could not have come at a worse time for him as Democrats eagerly want to show they do not tolerate illegal acts in their own party against the backdrop of a hyperpartisan and hyperpolarized political climate.
Menendez’s support among his constituency does him no favors, either. With the trial scheduled for May 2024, Menendez does not have the political capitol with voters that a long-term senator arguably should – especially if he will be spending weeks or months in the courtroom while attempting a reelection campaign. In fact, Menendez has never been beloved by his constituents. His likeability problem with voters dates back to his first election for senate in 2006: voters were split on how likeable the senator was, and a number of voters had trust issues with him compared to his opponent. While Menendez has scored multiple senate victories in the past two decades, his favorability and job approval ratings continue to be lackluster, neither one breaking the 50-percent mark thus far throughout his tenure and both having a notable percentage of those with negative views.
Waiting in the Wings
A list of well-known names within New Jersey – Democrats and some Republicans, alike – has already started making the rounds in terms of who will possibly replace or run against Menendez. Even before Governor Murphy’s statement, Congressman Andy Kim was the first New Jersey Democrat who called on Menendez to resign the day of the indictment. A day later, Kim announced he would run for the senator’s seat in 2024, leaving behind his House seat in New Jersey’s 3rd district after this term. Kim is known globally from the iconic photograph of him cleaning up the Capitol Rotunda hours after mobs of rioters attacked and vandalized the Capitol on January 6, 2021. Much like what motivated him to clean that fateful day at the Capitol, Kim claims he was shocked that the senator did not immediately resign and took it upon himself to do something about it. According to campaign polls, Kim is already beating Menendez in primary and general election head-to-heads by double-digits.
While there have been rumors about a number of others within New Jersey interested in the senator’s seat, perhaps the biggest mystery is whether or not First Lady Tammy Murphy will make a move. The First Lady’s political ties in New Jersey and D.C. run deep, and a number of them are purportedly urging her to run. A former Goldman Sachs executive, Tammy Murphy has been a powerful political figure in her own right while her husband has been in office, leading a successful statewide campaign that addressed maternal and infant health, particularly in communities of color. She has also been a chief fundraising arm for her husband and has worked on climate change issues with former Vice President Al Gore. She would certainly have her own political capital and that of her husband’s to back her, and her run could potentially be historic for the state and solidify a desperately needed 2024 Democratic win as the Senate balance hangs by a thread. Nevertheless, a path to the Senate may not be entirely smooth sailing if her husband has to appoint someone prior to the election if Menendez resigns and if she has to battle fellow Democrats the primary.
Will Menendez have another close call or lose it all?
After years of dodging scandals through the various offices he has held, Senator Bob Menendez finally may not be able to escape the consequences of his alleged actions. Unfortunately for him, the press and public have already seemingly deemed him guilty before his trial has even begun. Even without a formal expulsion from the Senate, which looks unlikely due to lack of votes needed, the mounting calls for resignation and deterioration of Democratic support will significantly damage Menendez’s career and legacy. He may not resign – especially since any fundraising he does as senator can be applied to his legal bills – but a run for reelection looks less and less likely – or at least, less and less wise – by the day. In the end, Menendez, who has been known for his penchant for singing, may not enjoy this particular swan song to cap off his multi-decade career.
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Note: This article gives the views of the author, and not the position of USAPP – American Politics and Policy, nor the London School of Economics.
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