Jul 18, 2024

Senator Bob Menendez (D-NJ) guilty on all counts.

Sen. Menendez (D-NJ) speaking at a 2019 event. Image: POMED
Sen. Menendez (D-NJ) speaking at a 2019 event. Image: POMED

Plus, a reader question about language choices.

I’m Isaac Saul, and this is Tangle: an independent, nonpartisan, subscriber-supported politics newsletter that summarizes the best arguments from across the political spectrum on the news of the day — then “my take.”

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Today's read: 13 minutes.

Today, we are breaking down Senator Bob Menendez being found guilty of several crimes including bribery and extortion. Plus, a reader question about language choices.

New episode.

A new episode of our limited series The Undecideds just went live. Every month, we check in with five undecided voters about the state of the 2024 election, their reactions to the latest news, and how they are processing their decisions. This week, in Episode 5, our undecided voters react to the first presidential debate and the new push for President Biden to drop out of the race. In Episode 6, which we’re recording now, we’ll discuss the attempted assassination of former President Donald Trump, his selection of J.D. Vance as his running mate, and the RNC convention. You can catch the latest episode here and subscribe to our channel here.


Thank you!

For all your questions. We put up a flag this week and asked readers to send in questions about the Secret Service. Many of you responded to the call, which helped guide our coverage and better understand what, exactly, you were interested in.

Tomorrow, in our members-only Friday edition, we’ll be covering the history, structure, and funding of the Secret Service. Then we’ll break down the security failures around the attempted assassination of Trump, and we also have an interview with former Secret Service agent Bill Gage.


Clarification.

Yesterday, one of our quick hits noted that "California Gov. Gavin Newsom (D) signed a bill banning school districts from notifying parents if their child uses different pronouns or identifies as a different gender than their school record." We linked to a Fox News article on the story. However, it appears Fox News and several other outlets have misrepresented the legislation. In fact, the bill Newsom signed prohibits schools from mandating that teachers notify families about student gender identity changes — it does not prohibit schools from notifying parents at all.


Quick hits.

  1. Axios reported that several top Democrats believe Biden is close to dropping out of the presidential race, potentially as soon as this weekend. (The report) Separately, Rep. Adam Schiff (D-CA) became the most senior elected House Democrat to publicly call on President Biden to drop out. (The call) Nancy Pelosi also reportedly told Biden privately that he cannot win the election and should step down. (The story)
  2. President Biden tested positive for Covid-19, forcing him to cancel a campaign event and likely sidelining him for several days. (The latest)
  3. Former President Donald Trump will speak in Milwaukee today at the Republican National Convention, his first public address since last week's assassination attempt. (The speech)
  4. The House Oversight Committee subpoenaed the Secret Service director (The subpoena), and the Department of Homeland Security announced an investigation into Trump's assassination attempt. (The investigation)
  5. The U.S. will dismantle a pier in Gaza that was built to carry aid to Palestinians after it was damaged by weather. (The decision)

Today's topic.

Bob Menendez’s bribery verdict. On Tuesday, Sen. Bob Menendez (D-NJ) was convicted on all counts of bribery, acting as a foreign agent for Egypt, obstruction of justice, extortion, and conspiring to commit those crimes. The verdict makes Menendez the first sitting U.S. senator to be found guilty of being an agent of a foreign government.

Back up: In September 2023, federal prosecutors in New York indicted Menendez on three counts, then added additional charges in March for a total of 16 criminal counts. The prosecution accused Menendez, his wife Nadine Menendez, and three New Jersey businessmen of running a yearslong bribery scheme to wield the senator’s influence to benefit the aforementioned businessmen and the governments of Egypt and Qatar. 

We covered the initial indictment here

What happened: During the trial, the government presented 13 gold bars, around $500,000 in cash and a Mercedes-Benz seized from Menendez’s home as evidence of the bribes, which the senator accepted in exchange for helping to ensure continued U.S. military aid to Egypt. Prosecutors also said Menendez pressured an Agriculture Department official to approve a lucrative contract between one of the businessmen and the Egyptian government to handle the certification of all halal meat exported from the U.S. to Egypt. 

Menendez’s lawyers argued that his wife Nadine was solely responsible for accepting the bribes and kept her husband in the dark about the scheme, but the jury was unconvinced, finding the senator guilty after 13 hours of deliberations. “This case has always been about shocking levels of corruption,” said U.S. Attorney Damian Williams, who brought the case, after the verdict was announced. “This wasn’t politics as usual; this was politics for profit.”

Two of the businesspeople were also found guilty, and the third accepted a plea deal to testify against Menendez. Nadine Menendez’s trial is indefinitely delayed while she recovers from cancer surgery.

Sen. Menendez, who avoided conviction in a separate bribery case in 2018, said he plans to appeal the verdict. “I have every faith that the law and the facts did not sustain that decision, and that we will be successful upon appeal,” the senator said. If the appeal is not granted, Menendez, 70, faces up to 20 years in prison for each of the most serious counts. His sentencing is scheduled for October 29. 

Shortly after the verdict was announced, Senate Majority Leader Chuck Schumer called on Menendez to resign, and New Jersey Gov. Phil Murphy (D) said the Senate should expel him if he refuses. If he resigns, Menendez would be the first senator to do so since Harrison Williams Jr. (D-NJ) in 1982 (also after a bribery conviction). Expelling Menendez would require two-thirds approval in the Senate, something that hasn’t happened since 1862, when 14 senators were expelled for supporting the Confederacy. If either scenario comes to pass, Gov. Murphy could appoint a senator to fill the vacancy before the November election, which he said he would do. On Wednesday, NBC News reported that Menendez was preparing to resign, but the senator refuted that report.

For the time being, Menendez is still running for re-election (against Democratic Rep. Andy Kim and Republican businessman Curtis Bashaw) after filing as an independent candidate in June. Legal scholars have posited that Menendez can still be re-elected and serve another term even if sentenced to prison time. 

Today, we’ll explore arguments from the right and left about Menendez’s conviction. Then, my take.


Agreed.

  • The right and left unanimously agree that Menendez’s conviction was the right outcome in the case.
  • Both sides also say that he should resign or be expelled from the Senate. 

What the right is saying.

  • The right welcomes the verdict and argues Menendez should now be expelled from the Senate. 
  • Some say Menendez is finally being held accountable after years of corruption.
  • Others suggest the conviction could hurt Democrats’ performance in November.

The New York Post editorial board said “justice is finally served.”

“Step back in awe of Menendez’s arrogance: He got away with it once — and then went right back to rolling in sleaze… Jurors rightly convicted him on 16 felony counts, including fraud, bribery, extortion, obstructing justice and acting as an illegal foreign agent. His sentence could total more than 200 years; pray it’s a good chunk of that,” the board wrote. “Menendez’s massive corruption — and outrageous temerity — deserve consequences to match his monumental crimes.”

“On top of vowing to appeal, Bob is defying widespread calls to resign now; he won’t even call off his bid for reelection as an independent (which could throw the November race to the Republicans). Many think he’s angling for one more bribe: a presidential pardon right after Election Day,” the board said. “Instead, the Senate should act now to make him the first senator expelled in more than a century. Don’t wait on the Ethics Committee: Strip him of every possible opportunity to abuse his office for even one more day.”

In NJ.com, Paul Mulshine wrote “Bob Menendez dug his own grave.”

“For as long as the senator has been in political life, he’s skirted scandals that would have finished off a lesser man,” Mulshine said. “His political career began in 1974, when his mentor, Union City Mayor Bill Musto, got him a patronage job as secretary to the Board of Education. Musto, a World War II veteran, was popular with Hudson County voters. But he had a habit of augmenting his income with contributions from contractors seeking change-orders that raised the cost of construction projects. Menendez had signed those orders. But instead of charging him, the feds made him their star witness in the trial of his mentor, who was convicted on the charges.”

“Menendez is still on the ballot, but as an independent. If he somehow gets a good showing on Nov. 5, that could take enough Democratic votes from Kim to make Bashaw the first Republican elected to the Senate since 1972,” Mulshine said. “That might give Menendez some room for maneuvering inside the party. But unless he can convince the president to grant him a pardon, it looks like he’s headed to prison. Having sat through his first trial, I can’t begin to imagine why Menendez wanted to risk another trial.”

In Hot Air, Jazz Shaw asked “what do you do with someone like Bob Menendez?”

The Senate “could eject him on a two-thirds vote, but that hardly ever happens because they prefer to let the process play out… Even if he left immediately, nothing much would change in terms of the balance of power in the short term,” Shaw wrote. “But how long would that situation hold? Most of us have thought of New Jersey as a solidly blue state for quite some time now and Democrats have been taking the state for granted. But as crazy as it may sound, Donald Trump is leading Joe Biden in the Garden State in the latest round of polling, though the margin is razor thin.

“It would be damaging enough to the Democrats if Trump snuck away with New Jersey's electoral votes, but can you imagine how many heads would be exploding in November if he dragged a Republican Senator over the finish line with him,” Shaw said. “The other possibility that can't be entirely taken off the table is that Joe Biden could bigfoot his way into the situation and preemptively pardon Menendez or at least commute his sentence.”


What the left is saying.

  • The left also supports the outcome and joins calls for Menendez’s resignation.
  • Some say the conviction is a chance for Democrats to claim the ethical high ground over wrongdoing in their ranks.
  • Others say the verdict proves political corruption can still be punished. 

The New Jersey Herald editorial board wrote “the time has come, Sen. Menendez. For New Jersey's sake, resign.”

“Menendez, now a felon convicted on 16 federal charges related to corruption and bribery, must resign… If he will not, his colleagues in the U.S. Senate must vote to expel him,” the board said. “New Jersey has grown weary of Menendez and his sordid case. At this moment — with many aspects of our democracy hanging in a perilous balance given the stakes in the presidential election — New Jersey needs stability and thoughtful representation in the Senate. We don't need a felon distracted by what we're sure will be a pugnacious legal journey toward appeal.”

“Dug in and resolute that he would again dodge federal corruption charges, Menendez has stayed in office. He was even afforded some shelter from Democratic Senate colleagues who wanted to be sure to preserve a reliable partisan vote,” the board wrote. “New Jersey's patience is exhausted, though. Menendez has had his proverbial day in court. He must depart the stage.”

In The Atlantic, David A. Graham said “the Menendez guilty verdict is the best news for Democrats in weeks.”

“Menendez’s conviction provides Democrats with a double opportunity. First, it could allow the party to be rid of a politician who is legendarily crooked, even by Garden State standards. Second, it offers Democrats a chance to move quickly against Menendez and show a contrast with Republicans, who are standing with convicted felon Donald Trump as their nominee,” Graham wrote. “Whether Menendez will yield to the pressure remains to be seen… But Congress has typically expelled members convicted of serious crimes, and Menendez’s are particularly egregious because they concern him using his powerful perch as chairman of the Senate Foreign Relations Committee to assist foreign governments and enrich himself.”

“The verdict should rid the country of a craven agent for hire in the Senate, all while ridding Democrats of a political liability—should,” Graham wrote. “Menendez will also likely appeal the decision, and his best hope is a federal court system, and particularly a Supreme Court, that has systematically weakened anti-corruption laws and let off crooked politicians in recent years. For the time being, however, it’s still illegal for a senator to take gold bars and stacks of cash in exchange for influencing U.S. government policy.”

In Bloomberg, Barbara L. McQuade called the conviction “a rare public corruption victory.”

“Tuesday’s conviction of Senator Robert Menendez shows that, despite recent trends at the US Supreme Court, some avenues remain open for prosecutors to hold public officials accountable for crimes,” McQuade said. “In recent years, the Supreme Court has cut back on the application of federal statutes to the conduct of public officials. As a former federal prosecutor, I find this trend concerning — particularly in a time when public confidence in government is particularly low.”

“That track record makes Tuesday’s conviction a refreshing reminder that public officials may still be held accountable for corrupt conduct — at least when the charges are as clear as those facing Menendez,” McQuade wrote. “After several decades in which public corruption laws have been weakened by the Supreme Court, his conviction case marks a significant victory for the public. We all deserve the honest services of the officials we elect to serve us in government.”


My take.

Reminder: "My take" is a section where I give myself space to share my own personal opinion. If you have feedback, criticism, or compliments, don't unsubscribe. Write in by replying to this email, or leave a comment.

  • Menendez is guilty, and he should resign or the Senate should vote him out.
  • It really is that simple — just as prosecuting every politician who has likely committed a crime is really that simple.
  • A Democratic administration just convicted a Democratic Senator, with overwhelming bipartisan consensus, and that’s a good thing.

Some days my job is really difficult.

And some days it's very easy.

When Sen. Bob Menendez (D-NJ) was indicted in September, I called on him to resign. As I said then, some indictments read in a particular kind of way so as to make it obvious that the federal government has a strong case. This was one of them. It is not shocking that this case was resolved quickly, and that Menendez was found guilty. The evidence in the indictment seemed overwhelming, and the argument Menendez presented at trial — throwing his cancer-stricken wife under the bus — was not particularly compelling.

Though I hold a pretty radical position on prisons, I am glad to live in a country where dirty politicians who take bribes and use their power to enrich themselves end up there. Of all the uses for prison, that is one of the best I can think of. I am also glad to live in a country where an attorney general appointed by a Democrat is leading a department that is still prosecuting Democrats (even the president's son). I think a lot of Americans genuinely struggle to appreciate how lucky we are to have a system that still has some modicum of accountability. We’re not the best at it, but we’re pretty good. 

Indeed, Menendez's case is a reminder of what it looks like and how it feels when someone like him is held to account — it looks good, and it feels good. And we should do more of it, not less. This past year, I've written about how my position on prosecuting politicians has evolved, and how I was compelled by the writing of Jonathan Katz. His argument is that, rather than worrying about the politics of prosecuting certain politicians, we should actually prosecute those who commit crimes. And it’s just that simple. Katz put it like this:

“Let’s get George W. Bush and Dick Cheney indicted for torture, illegal wire-trapping, and various war crimes. Investigate, indict, and prosecute Bill Clinton for the alleged rape of Juanita Broaddrick. Prosecute every politician who’s engaged in insider trading, illegally destroyed documents, or engaged in other kinds of fraud. This would be a better country by leagues if everyone who puts on a dark suit and takes an oath of office understands not only that the law applies equally to them, but that the power they wield to shape and execute those laws means they will have to endure more scrutiny — and potentially harsher consequences — than ordinary citizens."

I've come to strongly believe in this position, and think it's actually a pretty obvious stance to take the longer you think about it.

Menendez, of course, should resign. If he ends up in jail he is unlikely to have much of a choice, but if he doesn’t — and wants to fall out of public life with any shred of dignity — he’ll step down now.

And if Menendez is pompous and out-of-touch enough to barrel ahead with an independent re-election bid, Democrats in the Senate should join Republicans to remove him. It could actually be good politics. Barbara L. McQuade (under “What the left is saying”) correctly noted that anti-corruption laws have been weakened in the U.S. over the last few decades. Those on the right celebrating the accountability Menendez is facing should take stock of this, just as those on the left should embrace his prosecution and use it — politically — to push for strengthening the laws that brought him down. 

For now, though, we don't have to spend time talking about the system being weakened, or pompous politicians, or difficult divisive issues. Today our two major political parties agree, a corrupt politician is getting punished by an appointee of his own party, and we are reminded that our country can still properly hold people to account when it matters. 

It's a good day.

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Your questions, answered.

Q: Hello Isaac, I just listened to your TED Talk, it was great, congratulations! I am interested in the new language you are using to talk about divisive subjects. As I have begun to step away from the very far left, I have been struggling to find words to critique the experience without alluding to the far right, e.g., "woke" and "cancel culture" (are two I can think of right now). Would you share more examples of words you use to distinguish yourself from any political "tribe"? Thank you!

— Rachel from Denver, CO

Tangle: Thank you, Rachel! Let me start with this: It’s really, really hard to break patterns on your own, in any arena, and I commend you for trying to take personal action here. You’ll have to talk with other people to really learn how different people hear different words. 

First, from my perspective, when people from the left write in to challenge us on word choice, they’re not disengaging with us or “canceling” us but are instead opening a dialogue. That’s important to remember about many language-conscious people on the left — an increasingly tiny number of them are interested in “canceling” you for your choices. So I’d say you should try not to be too reactionary or broad-brushing about “the woke left,” which it sounds like you are already trying to avoid.

Second, I think you should try to be really specific about how you feel, then the words will come to you on their own. When I’m in progressive spaces that are specific about language choices, I self-censor more. Many other people report doing the same, which is why “self-censoring” is a popular way to describe the feeling of being in those groups.

As for word choices, I try to be conscious not to use words that instantly turn off or offend the right or left (don’t forget, the right is also very sensitive to certain language). If you want, I’d recommend reading one of our updates to our editorial guidelines for examples of other choices we make in Tangle, which are also choices I often use in my personal life. It’s important to keep in mind that the north star isn’t avoiding offending people or being overly sensitive — it’s trying to communicate in a way that people can hear you, even (and especially) if they disagree with your perspective.

Want to have a question answered in the newsletter? You can reply to this email (it goes straight to our inbox) or fill out this form.


Under the radar.

A new study from researchers at Johns Hopkins found that approximately 25% of U.S. adults with depression and anxiety can't pay their medical bills, potentially exacerbating mental health issues for those who go into debt to receive psychiatric care. Fewer than half of U.S. adults struggling with their mental health receive treatment, and concerns over medical debt could be causing that discrepancy: The study found that medical debt was linked with a significant increase in delayed or forgone treatment for mental disorders. Medical debt has also been linked to poor health outcomes regardless of insurance status or income. Axios has the story.


Numbers.

  • 15. The number of senators who have been expelled from the Senate in U.S. history.
  • 14. Of that group, the number of senators who were expelled for supporting the Confederacy during the Civil War.
  • 3. The number of sitting senators who have resigned due to corruption charges. 
  • $480,000. The amount of cash authorities found in Sen. Bob Menendez’s home during a raid in 2022.
  • +6. Democratic Rep. Andy Kim’s lead over Republican Curtis Bashaw in the race for New Jersey’s open senate seat, according to a June 2024 poll from co/efficient.
  • 3%. The percentage of voters who said they support Menendez’s independent bid in the same poll. 
  • 36%. Menendez’s approval rating with New Jersey voters in August 2023 (before the indictment was announced), according to Monmouth. 
  • 16%. Menendez’s approval rating with New Jersey voters in March 2024.
  • 71%. The percentage of New Jersey voters who said Menendez should resign from his Senate position in an October 2023 poll from Stockton University. 
  • 78% and 79%. The percentage of New Jersey Democrats and Republicans, respectively, who said Menendez should resign from the Senate.

The extras.


Have a nice day.

Scientists at Northwestern Medicine in Illinois and Brigham and Women’s Hospital in Massachusetts have made a breakthrough in researching the autoimmune disease lupus. In July, they published research noting a series of discoveries that hint at a cause of the disease and provide valuable information in seeking a cure. “We found that if we either activate the AHR pathway with small molecule activators or limit the pathologically excessive interferon in the blood, we can reduce the number of these disease-causing cells,” said Dr. Jaehyuk Choi, one of the authors of the paper. “If these effects are durable, this may be a potential cure.” Northwestern Now has the story


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Isaac Saul
I'm a politics reporter who grew up in Bucks County, PA — one of the most politically divided counties in America. I'm trying to fix the way we consume political news.