U.S. District Judge Sidney H. Stein in Manhattan ruled on Thursday that Senator Bob Menendez cannot claim legislative immunity to evade federal prosecution on charges of conspiracy.
The charges allege that Menendez accepted bribes, including cash and gold bars, from three New Jersey businessmen in exchange for legislative favors.
Judge Stein’s written ruling stated that charges accusing Menendez of accepting bribes cannot be dismissed based on legislative immunity, as criminal intent cannot be shielded by constitutional protections meant to safeguard legislative activities.
Sen. Menendez (Credits: Courthouse News Service)
Stein emphasized that even though information sharing between legislators is protected, it does not extend to corrupt activities. He cited previous cases where the courts denied protection under the Speech or Debate Clause when legislative actions were used to solicit criminal acts.
Additionally, the judge rejected Menendez’s argument that one charge violated the separation of powers doctrine, asserting that it did not encroach on the constitutional balance between branches of government.
Menendez pleaded not guilty to the charges earlier in the week and denounced the indictment as a distortion of reality. His attorney, Adam Fee, emphasized that the court’s decision affirms that the jury will ultimately decide the case’s outcome.
Sen. Menendez and Wife (Credits: ABC7 Chicago)
A trial is scheduled for May, although potential appeals may postpone the proceedings. Menendez, who previously chaired the Senate Foreign Relations Committee, relinquished his post after his arrest last fall but has resisted calls for his resignation.
Menendez, along with his wife and the three businessmen, faces charges related to bribery allegations. One of the businessmen has pleaded guilty and agreed to testify against the others, while the remaining defendants maintain their innocence.
The indictment accuses Menendez of using his influence to benefit the businessmen in various deals, including securing a meat-certification contract with Egypt and facilitating a deal with a Qatari investment fund.
