No. It's not the excuse. It's the way it is. It would not be complicated at all if Republicans would join with Democrats to expel Menendez. With the senate closely divided, and with a 2/3 vote required for expulsion, it is impossible to expel Menendez without help from the Republicans, and so far, the Republicans have done nothing to help. They are saying Menendez should stay pending the outcome of his trial.Yeah, sure. It’s complicated is the excuse.
As a practical matter, Menendez is almost certainly voted out on Election Day. He is not a candidate in the Democratic primary. The Democrats are highly likely to nominate Andy Kim for the seat, and Kim is highly likely to win in November.
Menendez says he will consider running as an independent "... if he’s able to dispense with the indictments that have ruined his political career." (Source). Him dispensing with his indictments is highly unlikely.
While it should have happened long ago, and while he should not be seated now, come November, Menendez is done as a US Senator. The voters will do what the Democrat and Republican senators have so far failed to do.
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