WASHINGTON — New Jersey Sen. Bob Menendez still has not indicated how he would vote on attorney general nominee Loretta Lynch, even as Justice Department prosecutors are preparing to bring corruption charges against Menendez.
When questioned by reporters Tuesday, he said, “I’ll pass my judgment” if and when the confirmation vote reaches the Senate floor.
Although Menendez signed a letter urging Senate Majority Leader Mitch McConnell to bring Lynch’s confirmation vote to the floor, Senate Republicans have stalled the Lynch nomination vote after Democrats reversed themselves and opposed a human trafficking bill with some abortion limitations.
NorthJersey.com notes that a narrow confirmation where the deciding vote comes down to Menendez may place Lynch in a situation where she may have to recuse herself from the New Jersey Democrat’s case if she is confirmed by the Senate.
According to a count by Politico, Lynch would need all 44 Democrats, two independents who caucus with them, four Republicans and Vice President Joe Biden as a tie-breaker vote to attain simple majority to confirm Lynch.
Should a Democrat abstain from voting, that caucus would need a fifth Republican to secure Lynch’s nomination.
The DOJ, according to reports, is readying an indictment that could charge the senator of pushing the interests of close friend and donor Dr. Salomen Melgen in exchange for two round trips on Melgen’s private jet. Menendez, who spent time with Melgen in the Dominican Republic at a private resort, did not report the trips as gifts or reimburse Melgen — a requirement under Senate rules.
Menendez had “nothing more to say” to TheDC about the expected indictment and how it may relate to the eventual confirmation vote.
Menendez’s office would not say how he would vote if he was indicted before Lynch’s nomination came to the floor.
“There is no reason for the senator to consider a hypothetical, especially when there is no indication Mr. McConnell plans to schedule the vote,” Menendez spokeswoman Tricia Enright told NorthJersey.com.
Menendez maintains his innocence, telling reporters earlier this month, “Anyone who knows me knows who I am and that I am not going anywhere.”