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♪ Announcer: from NJPBS Studios, this is NJ Spotlight News, with Briana Vannozzi.

Joanna: Hello and thanks for joining us.

I am Joanna Gagis.

Briana Vannozzi is off.

Breaking news, U.S.

Senator Bob Menendez will resign from the U.S. Senate on August 20, giving up the seat he has held since 2006.

Menendez's letter of resignation has been entered into the Senate record.

The announcement comes one week after the jury in his federal corruption trial found Menendez guilty on all 16 counts against him.

Those counts brought by the U.S. Justice Department include bribery, obstruction of justice, acting as a foreign agent and acting in the interest of his codefendant's, Fred Daibes and Wael Hana.

Senator Menendez is facing up to 20 years in prison, although he is promised to appeal his conviction.

Yesterday, the U.S. Senate ethics committee voted unanimously to open an investigation into his potential violations of Senate rules and to consider his expulsion.

Here to talk about the timing and the significance of this news is Chris Gramiccioni, former Assistant U.S. Attorney for the district of New Jersey, and Micah Rasmussen, director of the Institute for New Jersey politics at Rider University.

Micah, I'm going to start with you.

This is such a huge significant political moment in New Jersey.

Senator Menendez has remained defiant after the conviction, maintaining his innocence.

Are you surprised by this announcement?

Micah: Yeah, quite frankly, I didn't think he had it in him.

You are exactly right when you say the word defiant.

I thought he was going to try to stick it out, run down the clock on his term which expires at the end of the year.

It looked like he was not going anywhere.

He was settling in.

I think what must have changed is that the Senate timetable, launching their investigation, making it clear there was going to be a quick investigation and then they could move ahead with their vote to expel.

That made it clear to him he really had no choice.

This is the only face-saving move for him is to resign.

If he thought there was any choice in the matter, that they would stay on break, that they were not going to get around to it, he probably would have tried to stick around.

Joanna: Is there any dignity left he can hold onto in making this decision?

Micah: No, probably not.

I think it would be even more humiliating to be expelled by his colleagues.

I don't think he wants to put them through that.

I don't think he wants to have that embarrassing vote.

Does he get a modicum of dignity?

Sure.

But does it make any difference or change any outcome?

No.

He is leaving the Senate.

I guess maybe you can see this -- you can say this would have been an especially humiliating thing.

Joanna: We know he is planning to appeal.

Sentencing is October 29.

How likely is it his case could win on appeal given what we know about the Supreme Court in recent decisions, including one a few years ago with former Virginia Governor Bob McDonnell, who had a similar type of charge reversed?

Chris: I think generally, it is difficult to overturn cases on appeal because the trial judge at the trial level, including the jury findings which are held in high regard in appellate review, it is really difficult to overturn that.

The defense attorneys went to great lengths to preserve these objections.

A lot of the objections, the judge will be afforded a high standard on that.

It is abusive discretion to overturn that.

If they have a chance to overturn it, it hinges on this concept of article two speech and debate clause, where the defense counsel, and Senator Menendez's attorney is claiming his speech and actions were protected under article two.

And therefore, he has immunity from any prosecution, when there are similar criminals.

The difference is in the Constitution, it clearly says there is exceptions for treason or felonious behavior, and the government is going to say, clearly this is felony type behavior.

The jury convicted him on every single count we brought.

I think it is an uphill battle.

Obviously those appeals cannot occur until the case is final, which occurs after sentencing.

Joanna: And acting as a foreign agent was one of the charges he was found guilty on.

Does the appellate court ever punt back up to the U.S. Supreme Court in cases where the Supreme court has said that precedent.

Chris: That is the thing about Supreme Court precedent.

It is clear enough for a circuit to conclude that a case ought to be overturned, then that reliance on the Supreme Court precedent.

The Supreme Court's goal is to provide guidance to the lower courts so they don't have to run everything up to the top of the proverbial flagpole.

That is the situation.

If there is something the defense can raise that is so fact specific, like several years ago, the governor of Virginia did, that is a different situation.

But here, they followed the guidance of the McDonnell case and established specific quid pro quo.

Things of value being received in exchange for influence being exercised.

The jury came back agreeing with those charges.

I think it is an uphill battle.

It remains to be seen.

I'm sure you will see every appeal filed.

Before that, they will probably move, not for judgment notwithstanding the verdict, they will throw out the jury's findings and there will be legal maneuvering before the case goes to sentencing.

Joanna: We know the Senator has been able to fund his legal battle using his Senate war chest.

Now that he is resigning, if he moves forward with appeal, does he have access to those funds?

Micah: Yes.

Within reason.

Many years ago, you were able to take them out for whatever was left, you could take for personal use.

That has not been the case for a long time.

He can continue to use them for his legal appeal.

He could donate them to another campaign.

He could use them for this independent campaign.

Presumably there will not be an independent campaign if he is resigning from the Senate.

Presumably that candidacy comes to an end as well.

He had drawn down the vast majority of that $8 million he had before this struggle.

He was down to the last $1 million or two.

I think by the time all is said and done, that will probably be spoken for as well.

Joanna: There comes the issue of timing and what happens to fill his seat.

His resignation letter says effective August 20.

Governor Murphy now has the ability, the responsibility to appoint his replacement.

Who does he appoint and what do you believe that timing looks like?

Micah: If we take the model of what happened with Congressman Payne, the determination was made both by Governor Murphy and by the democratic congressional leaders that they did not want to leave a vacancy for very long.

In these closely divided chambers, every vote counts.

You don't know when you will have a close vote and you will need that boat.

-- vote.

I would expect there will be pressure, if he talks to Chuck Schumer, the Democratic leader of the Senate in Washington, that they will want the seat to be filled.

That begs the question, who?

I think there are several paths he could take.

He could appoint Andy Kim, give him a jump on seniority.

I think there is probably some personal misgivings about that, some bad blood.

In addition, we have two Republican governors who have asked him not to do that, because that would be tantamount to may be the advantage in the upcoming election.

Then we look at the caretaker group, and we start to look at, could it be decoding, could it be Loretta Weinberg, could it be former federal judge Silas?

Joanna: Could it be Tammy Murphy?

Micah: I suspect no.

I suspect that question politically has been answered and asked.

I think the public has weighed in the public has rendered a judgment.

Doing that would appear tone deaf, given what we have been through this year with his campaign.

Joanna: We have about a minute left.

I want to ask you about sentencing.

Is this likely to be -- he faces up to 20 years.

Is this federal prison, could this be house arrest, what could it look like?

Chris: It is completely up to the sentencing judge.

The U.S. sentencing guidelines, they basically codified a certain prison range for the convictions that were finalized and confirmed against Senator Menendez.

The sentencing guidelines are only advisory.

I did a quick calculation and of all of the convictions, the one that exposes him to the greatest period of incarceration is the Hobbs act extortion under 18 U.S. code 1951.

If you try to do a rough advisory sentencing guidelines calculation, it is a level 34, which does not make a lot of sense until you read the publication, in the proposed range under the guidelines is 150 to 180 months.

That gives you, in terms of the greatest exposure of all of the counts for which he was convicted, that one gives him the greatest punitive exposure.

A lot of these counts are going to merge for sentencing purposes.

To get to your point, I guess technically, there could be an argument for some non-can -- some noncustodial term.

If the judge is giving the credence to the sentencing guidelines as they are supposed to, it is a long stretch from 150 months down to house arrest.

I personally -- I can't read the future, but I think this is a custodial case.

Especially because the conduct is pretty egregious.

At the same time, there is a whole history of behavior as a statesman, they will introduce a bunch of evidence about Senator Menendez.

He obviously has no criminal history until now.

All of these factors will go in favor of him as well and the judge will have to decide, to come up with the appropriate sentence.

Joanna: Michael grass -- Micah Rasmussen, Chris Gramiccioni, thank you for your insight.

From Senator Menendez resigning to President Biden dropping out of the presidential race, there is no shortage of impact here in New Jersey.

Democrats are welcoming the news that Vice President Kamala Harris is likely to be at the top of the ticket.

They say breathing life back into the down ticket campaigns.

I spoke with Congresswoman Bonnie Watson Coleman about it, and I asked her to react to the news that Senator Menendez will resign.

Here is what she had to say.

>> When he was convicted of those 14 or so counts, I thought it was the best thing for him to do on behalf of the state, was to resign.

He was an incredibly effective U.S.

Senator, and did wonderful things for the state of New Jersey.

But this is unacceptable.

And we cannot tolerate our elected officials who do things that cause them to end up being convicted felons.

Joanna: There is the question now of what happens for New Jersey?

Representation, such a close number in the Senate.

What do you believe Governor Murphy should do?

Should he appoint someone quickly and who should it be?

Rep. Coleman: I think the governor will think very thoroughly who he wants to appoint.

I think it will be someone who is a caretaker for the position until Andy Kim is elected to it in November.

I don't know who it should be.

He certainly has a very deep bench in the state of New Jersey of people who have given their lives to public service, and will function admirably in that position for whatever time.

Joanna: I want to switch gears.

There is no shortage of news and the new cycle this week.

The last that I spoke to, you were very critical of the media and others calling for President Biden to step out of the race.

He now has.

We see Vice President Kamala Harris looking like she will tie up the nomination.

Was this the right decision for the Democratic Party?

And did it actually come too late?

Rep. Coleman: No, it did not come too late.

Yes, she is an outstanding candidate.

Yes, she will be the candidate that has the discretions and the issues and vision and aversion for our future and she will win this election.

Yes, at the end of the day, when the president came to that decision, he had the right to come to that decision.

He has been a remarkable president.

One of the most effective presidents in my entire lifetime.

But he needed to be respected.

He made the decision that on behalf of the country, and to eliminate the kind of necessary chaos, he would step aside and he would nominate or recommend Kamala Harris to the position.

I tell you what I was most critical about with the media.

It was not so much that Joe Biden had a bad day during that debate, because he did.

It was an awful day for him.

But every time Donald Trump opened his mouth, he lied.

Not only is he a 34 account convicted felon, he has also been held accountable for rape and abuse of a woman.

And he has had one failed business after another, because he tried so hard to scam his folks that work for him, his contractors.

Listen, he had a failed casino.

Who has a failed casino?

I was very critical of the fact that the media was so focused on this president, President Joe Biden, who has done such a remarkable job on behalf of our country, and working families to lower the cost, to elevate the living conditions, to bring jobs into place, to help students get out of student debt, to be lowered on behalf of those in greater need.

You're right, I was critical.

Joanna: Congresswoman Bonnie Watson Coleman, thank you for your perspective.

Rep. Coleman: Thank you for having me.

Joanna: Vice President Harris got welcome news from the Garden State this morning when she learned all of New Jersey's Democratic delegates pledged their support for her during an emergency meeting last night.

Randa Flanigan spoke to some of those delegates about hitting the reset button in this election.

V.P.

Harris: we have earned the support of enough delegates to secure the Democratic nomination.

Brenda: riding a new blue wave of party enthusiasm, Kamala Harris campaigned in Wisconsin today.

She is already the Democrat's presumptive presidential nominee backed by 33 state delegations and counting, including all of New Jersey's pledged delegates.

>> I'm really excited.

I think we in California put Harris over the top last night.

Brenda: Atlantic County committee chair Michael Sullivan was the first New Jersey delegate to endorse Harris even though he had reservations about swapping candidates so late in the race.

He notes, voting by mail in New Jersey starts in a couple months.

But he sees more campaign volunteers already signing up.

>> Particular amongst communities of color, African-American women in particular.

Brenda: He thinks Harris could have New Jersey coattails for Democrats in U.S. Senate and congressional races.

>> I think it is going to help Andy Kim.

I think he is certainly the favorite to be the -- to beat his Republican opponent.

In our swing districts, district seven, -- Brenda: Democrats are banking on this new enthusiasm.

Harris raised more than $81 million in grassroots donations during her first 24 hours as a presidential candidate.

But will she perform any better than President Biden against Donald Trump?

Key issues have not changed.

>> The border, crime, quality of life, affordability.

She is well-equipped to deal with that.

Brenda: A new Reuters it says poll taken yesterday put Harris up by two points over Trump, with a three margin of error.

Monolith poles to Patrick Murray says the campaign basically had a reset button.

>> The question is, is it going to get her any new voters?

I think looking at these numbers, where we are now is back to the starting point where we were before the disastrous debate in June.

Brenda: He says Harris can redefine herself and the race, effectively distance herself from Joe Biden.

>> Kamala Harris is only slightly tied to that.

She can move away from that and focus more on the negatives about Donald Trump, and that could change the dynamic.

We will have to wait and see.

>> Think many of us are hopeful that Vice President Harris will take a different approach.

Brenda: Democrats say two of New Jersey's delegates remain uncommitted because they ran on a justice for Palestine Cease Fire now platform.

She notes Harris has been outspoken on the war in Gaza.

V.P.

Harris: as Israel defends itself, it matters how.

The United States is unequivocal.

International humanitarian law must be respected.

Too many innocent Palestinians have been killed.

>> The Democratic coalition was fracturing on this issue.

We need every single vote.

I have done a lot of service for this party, but I think we need to abide by the values of our party, and the reason why people vote Democratic.

Brenda: Chapter says uncommitted delegates want Harris to stop the sale of bombs to Israel, and says they will be watching when Israeli Prime Minister Benjamin Netanyahu speaks to Congress in Washington tomorrow.

I'm Brenda Flanagan, NJ Spotlight News.

Joanna: A major milestone for New Jersey's efforts to improve its water infrastructure.

The New Jersey water bank which offers low-cost financing to provide clean drinking water in the state has financed more than $1 billion in the last fiscal year.

Meaning it has funded nearly 150 water improvement projects and those include replacing wide water lines, installing treatment systems to remove Forever Chemicals, and approving stormwater treatment, reducing flooding and more.

These projects are happening all over New Jersey in Camden, Trenton, Jersey City, and in Irvington, where a $48 million project funded in part by the water bank is replacing roughly 5000 led service lines.

The Commissioner of the Department of Environmental Protection says the water bank's efforts are a model example of how state agencies should work.

>> Reducing costs of clean water infrastructure projects for communities like this one here in Irvington, creating jobs for construction workers and helping to feed their families, and improving altogether the environment we all share.

That is what government should do for the people that it serves.

Joanna: In our spotlight on business report, medical debt can cause a ripple effect of financial hardships for families and individuals, impacting credit scores when debt collectors come calling.

While Governor Murphy signed a law to protect New Jerseyans from that vicious cycle, called the Luisa Carmen medical debt relief act, the law was named after the champion of the bill, one of Murphy's former staffers who tragically died in a car accident this year at the age of 25.

Ted Goldberg takes a look at the law and the changes it will make.

>> I wish I never had to think about this.

I was 26.

I was in the best shape of my life.

I was financially in the best shape of my life.

And so did my financial self.

Ted: Amanda Slater fought and survived, despite the dire diagnosis in 2018.

>> Moment for nodes were closing in on my vocal cords.

I couldn't speak above a whisper for a long time.

At the time that she ran the blood work, that Friday, my white blood count was at 116.

It is supposed to be between five and 10.

Ted: A slew of symptoms center to various doctors.

>> Mica started bleeding.

They wouldn't stop.

They kind of look like inflamed pimples but they weren't.

Ted: She had one missed diagnosis after another.

>> She said one look at me, you are single, you have mono.

The doctor I had been seeing told me I must have gotten a rock in my ear.

I had doctors telling me that I was hysterical.

Ted: She eventually found a doctor who did not think she was hysterical, and testing confirmed she had chronic lymphocytic leukemia, and small lymphocytic lymphoma.

Kansas that generally affect older Caucasian men.

Despite having health insurance through her job and cobra, Slater had to pay $14,000 for the first year of treatment.

She needed a little help.

>> And a lot of my family and friends, people that I ran into that shared my story, I was very fortunate.

My dad hosted charity, fundraisers, and things like that.

I sold some of my furniture.

I sold some of the things I own.

Ted: The Murphy administration hopes to cut down on cases like hers, which led him to sign into law the Louisa Carmen medical debt relief act yesterday.

>> Go patient receives a bill while they are recovering in their hospital bed.

It will keep medical bills out of collections for longer, so families have more time to seek financial assistance, or even appeal a charge.

This law will also ensure medical debt cannot be reported to credit agencies.

Ted: Debt collection companies argue the bill would create unintended consequences and possibly make more barriers in health care.

Governor Murphy argued this bill was sorely needed for the one in New Jerseyans currently dealing with medical debt.

>> Protect generations of New Jerseyans from falling into medical debt and face the risk of financial ruin.

>> Because I had been hounded by debt collectors so often, every other call, even now, our debt collectors, and because of fact, I felt pressured to do whatever it takes to pay them.

Ted: She is pleased to see efforts to help people in her situation.

Though she would have liked to see this bill signed years ago to help her.

>> Info and change the past now.

I'm just glad that anyone else who has to deal with it doesn't have to force their way through these roadblocks.

Ted: There is a separate initiative in the Murphy administration to use $10 million in state funds to wipe out medical debt for people in New Jersey.

That could be a big help for people like Slater, still paying off their health care years after their recovery.

In Somerville, I am Ted Goldberg, NJ Spotlight News.

♪ Joanna: That doesn't for us tonight.

Before you leave us, a reminder to download the NJ Spotlight News podcast.

I am Joanna Gagis.

For the entire team here at NJ Spotlight News, thank you for being with us.

Have a great night, and we will see you back here tomorrow.

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