Article I, Section 2.5 of the US Constitution states: "Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member."
I don't know what Roy Moore did 38 years ago. Some of the accusers seem credible, yet a lot of their details have been shown to be inaccurate and impossible. I do know what Al Franken did, since we have a photo. But I can't see how the Senate can expel a properly elected Senator for something he did before he served in the Senate. I realize that the last portion of the above referenced passage from the Constitution seems completely open-ended, but is it really? Isn't it actually an extension of the thought that comes immediately before it? In other words, if a member exhibits "disorderly behaviour," the Senate can "punish him," or with a vote of 2/3, "expel" him. Under what line of thinking would a man's conduct before the voters sent him to Congress be considered "disorderly behaviour"? Aren't the voters the judge and jury? If the people of Alabama find Roy Moore to be the man they want representing them in the Senate, how do the other 99 members get to throw him out? And I would also argue, how do they get to throw out Al Franken?
To date I have not heard any of this discussed in the media. Everyone seems to just assume the Senate can throw a man out of their elitist little club for any ole reason at all. To me, that seems constitutionally dubious.
Historically, the Senate has expelled one man for siding with the Creek Indians against the government and several for siding with the Confederacy. That's it. So I guess treason qualifies as "disorderly behaviour." But all of these treasonous behaviours took place while these men were in office, not long before they faced the electorate.
Another point: I am disgusted with how quickly the GOP Ruling Class convicted Roy Moore and started trying to throw him overboard. I don't know what he did or didn't do, but I'm for letting the people of Alabama pass the verdict. And frankly, I would hope that people would not judge me today by some of the really stupid stuff I did in my early years. Men can grow and mature and develop better character. To be honest, the very fact that McConnell et al are so desperate to keep him out of the Senate causes me to think we really need him in there.