The White House on Thursday seemed to dismiss the idea that President Trump would push for a new vote on Obamacare repeal in the Senate now that Sen. Robert Menendez, D-N.J., may be occupied by a corruption case against him in New Jersey this fall.
“I’m not sure about the specifics of that case,” White House spokeswoman Sarah Sanders said when asked if Menendez’s legal troubles and possible absence from the Senate were factors in Trump’s Senate strategy. But she said she would not “get into that,” other than to say Trump remains “committed to repealing and replacing Obamacare and making sure that America has good healthcare and the healthcare that they deserve.”
The Menendez case has given Republicans a possible reason to hope that there will be one less Democrat in the Senate this fall, which could in theory help the GOP pass a bill to repeal Obamacare that failed by one vote in July.
A federal judge on Tuesday denied requests from Menendez’s lawyers to either delay the trial until after the Senate’s fall sessions or postpone the trial on dates when key votes would be taking place. The judge also denied a request to formally explain to jurors that Menendez couldn’t be present because he was in Washington.
This places Menendez in the possible situation of missing key votes on issues such as the debt limit, tax reform, and any efforts Republicans make to revive repealing Obamacare. However, Menendez seems to have the option of either appearing in court or appearing in the Senate for votes, which means he could decide to appear for key votes.
Menendez’s staff wouldn’t comment Thursday on how he would decide where to be if a vote conflicts with a court date.
Despite the drama surrounding Menendez, the possible lack of one more Senate Democrat doesn’t necessarily make it any easier for Republicans. If all senators are present, Republicans can pass legislation with 50 votes, since Vice President Mike Pence can break a 50-50 tie. The Obamacare vote failed 49-51 in July, and one more GOP “yes” vote would have let Pence cast the deciding vote.
But if Menendez is out, Republicans would still need 50 votes, to create a bare minimum 50-49 victory. If a new vote were held on the same bill in September, and everyone voted the same way, the Obamacare bill would still fail, 49-50.
Menendez is on trial facing federal bribery, conspiracy charges, along with making false statements. The New Jersey senator is being accused of intervening on behalf of a major donor, Salomon Melgen, who is involved in multimillion dollar Medicare billing dispute. He is also accused of helping Melgen secure visas for several of his girlfriends from foreign countries obtain visas in an apparent quid-pro-quo for campaign donations and lavish trips.
If Menendez were found guilty and had to step down from the Senate, he would be replaced by Gov. Chris Christie, R-N.J., who would likely appoint a Republican to fill the seat. However, Christie will step down from his office in January and a Democrat is expected to replace him, which means Menendez might also be replaced by a Democrat, depending on the timing of the case.
