PHILADELPHIA — A federal appeals court on Friday refused to dismiss corruption charges against U.S. Sen. Bob Menendez of New Jersey.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against arguments from the indicted Democrat’s attorneys that charges he accepted gifts in exchange for political influence should be tossed because of a constitutional clause that protects the actions of sitting lawmakers.
The three-judge panel found the dispute is something that needs to be decided at trial. Menendez’s attorneys weren’t immediately available to comment and it wasn’t clear if they would appeal.
Menendez’s lawyer argued in February that the senator’s meetings with government officials were held to discuss policy matters, not to benefit a wealthy friend. Prosecutors allege the friend, Florida ophthalmologist Salomon Melgen, plied Menendez with gifts and campaign donations in exchange for political influence.
Both men have pleaded not guilty to bribery and fraud charges.
Menendez’s attorney in February had hammered at a lower court judge’s ruling not to dismiss charges against Menendez by claiming the judge erred in looking at Menendez’s purported motives for meetings he set up with several government officials.
The appeals court panel disagreed and said that “the acts alleged in this case were essentially lobbying on behalf of a particular party and thus, under the specific circumstances here, are outside the constitutional safe harbor.”
How a jury places Menendez’s actions in the context of the Constitution’s “speech or debate” clause will play a significant role in whether he is convicted on any of the dozen counts against him.
The clause dates to the 1780s and was written into the Constitution to fortify the separation of powers between the three branches of government and protect members of Congress from having their legislative acts subjected to scrutiny by the other two branches.
The lawyer said the lower court’s focus should instead have been on the “content of the contact,” or what happened in the meetings, which he said showed Menendez discussed port security and Medicare policy issues that were part of his legislative duties.
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