A federal judge denied Sen. Bob Menendez’s motion to dismiss the second superseding indictment in his case this week.Menendez argued that the actions he took while serving as a U.S. senator were constitutionally protected and that he was fulfilling his duty as a lawmaker.Judge Sidney Stein of the Southern District Court of New York said that while taking part in votes or the functions of the Senate Foreign Relations Committee are legislative acts, the allegations that he “agreed — or promised — to use his power” were not.
This is because those meetings, in implementing a corrupt bargain, are not legislative fact-finding or information gathering meriting the Speech or Debate Clause’s protection,” Stein wrote. “Surely meetings with, and the provision of information to, Egyptian officials in relation to a corrupt bribery scheme must be viewed as occurring outside of the legislative process.”
Menendez also called for one of the charges to be dismissed because it violated the separation of powers doctrine ruling the branches of government, which was also denied.
How we got here
Menendez, his wife and two New Jersey businessmen entered not guilty pleas in a Manhattan courtroom Monday for the third superseding indictment related to the federal corruption charges they face.
The state’s senior senator as well as Nadine Arslanian Menendez, Wael Hana and Fred Daibes now face 18 counts — up from four — brought by federal prosecutors in the Southern District of New York including conspiracy to obstruct justice and obstruction of justice and amid allegations that Menendez was working to benefit Qatar in addition to Egypt.
Menendez and Arslanian face charges of:
- Conspiracy to commit extortion under color of official right
- Bribery (actions to benefit Hana and Egypt)
- Extortion under color of official right (actions to benefit Hana and Egypt)
- Extortion under color of official right (actions to benefit Uribe and Uribe’s associates)
- Bribery (action to benefit Daibes and Qatar)
- Extortion under color of official right (actions to benefit Daibes and Qatar)
- Conspiracy to commit obstruction of justice
- Obstruction of justice
Menendez, Arslanian and Daibes face charges of:
- Conspiracy to commit obstruction of justice
- Honest services wire fraud (actions to benefit Daibes and Qatar)
Hana and Daibes face charges of:
- Bribery actions to benefit Hana and Egypt
Menendez, Arslanian and Hana face charges of:
- Honest service wire fraud (actions to benefit Uribe and Uribe’s associates)
- Conspiracy for a public official to act as a foreign agent
Daibes was also faces charges of
- Bribery (Actions to benefit Daibes and Qatar
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