Judge Rejects Bob Menendez’s Legislative Immunity Claims – On Thursday, a federal judge rejected Senator Bob Menendez’s assertion of legislative immunity against the initial four corruption charges leveled against him. Menendez contended that he was shielded from prosecution by the Constitution’s Speech or Debate Clause, designed to safeguard lawmakers from legal action concerning legislative duties.
Additionally, he argued that the indictment infringed upon the principle of separation of powers. “The Court rejects Menendez’s argument in full, finding that none of the allegations are protected by the Speech or Debate Clause,” Judge Sidney Stein wrote. Stein did not make a ruling on Menendez’s assertions requesting the dismissal of the case, citing the 2016 Supreme Court decision that overturned a corruption conviction involving former Virginia Gov. Bob McDonnell.
This decision had narrowed the interpretation of what constitutes “official acts.” The trial is set for May 6. Since Menendez filed for dismissal on January 10, a grand jury has indicted him with an additional 12 corruption counts along with new corruption accusations. “While we are reviewing today’s ruling and considering our legal options, the court’s decision makes clear that the jury will have the final say on the government’s allegations,” Menendez lawyer Adam Fee said in a statement.
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“As we have said since day one, the Indictment is a gross distortion of reality, and we continue to have full confidence that a jury will see the truth: that Senator Menendez did nothing wrong. We look forward to proceeding to trial, where we intend to clear the name of this devoted lifelong public servant.” Menendez was initially accused of four charges including bribery, fraud, and acting as an unregistered foreign agent.
These allegations stemmed from an alleged scheme in which he purportedly exchanged official favors for monetary payments, gold bars, and a vehicle for his wife Nadine, who is among several co-defendants. One of the initial accusations involved Menendez allegedly attempting to assist the Egyptian government and aiding another co-defendant, Wael Hana, in securing an exclusive and lucrative Halal certification contract in exchange for bribes.
He was accused of trying to influence state and federal prosecutions of two other co-defendants by involving himself in the selection of New Jersey’s top federal prosecutor and exerting pressure on the state’s highest prosecutor. Menendez argued that the accusation suggesting he tried to manipulate the selection of the next U.S. attorney to sway a federal criminal case involving his co-defendant, developer Fred Daibes, amounted to charging him for a legislative act protected from prosecution.
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