Judge refuses to throw out case against Sen. Menendez

<p>The judge at Sen. Bob Menendez&rsquo;s corruption trial refused to throw out any of the charges against the New Jersey Democrat on Monday.</p>

News 12 Staff

Oct 15, 2017, 5:32 PM

Updated 2,395 days ago

Share:

By DAVID PORTER
Associated Press
NEWARK, N.J. (AP) - In a big defeat for Democratic Sen. Bob Menendez, the judge at his corruption trial Monday refused to throw out any of the charges against him in light of a U.S. Supreme Court ruling narrowing the definition of bribery.
The decision by U.S. District Judge William Walls was a major victory for federal prosecutors, who had warned that dismissing the charges would torpedo nearly all other bribery cases and open the door wide to graft.
Walls rejected defense lawyers' arguments that the allegations against Menendez didn't meet the new definition of bribery contained in the 2016 Supreme Court ruling that reversed the conviction of former Virginia Gov. Bob McDonnell. In recent months, the McDonnell ruling led judges to throw out the bribery convictions of at least three other public officials, including a former Louisiana congressman.
Just days ago, Walls appeared to be leaning toward a ruling that could have gutted the case against Menendez and co-defendant Dr. Salomon Melgen. Virtually the entire 18-count indictment against them focuses on bribery.
The senator had no comment after the ruling.
Menendez, 63, is charged with accepting free flights on a private jet, luxury hotel stays and other gifts from the wealthy Florida eye doctor over a seven-year period. In exchange, prosecutors say, he pressured government officials on Melgen's behalf over an $8.9 million Medicare billing dispute and a contract to provide port screening equipment in the Dominican Republic.
The most serious charge Menendez and Melgen face, honest services fraud, is punishable by up to 20 years in prison.
Prosecutors rested their case last week. After Walls' ruling, the defense began presenting its side, with family members of both defendants taking the stand.
Menendez's son, Robert Jr., and Melgen's wife, Flor, testified about the close relationship between the two men. Defense attorneys are seeking to emphasize that Melgen's gifts were an outgrowth of that friendship and not part of a bribery scheme.
Last week, Walls appeared to cast doubt on the prosecution's "stream of benefits" theory of bribery, which holds that each bribe in a series of them over time doesn't necessarily have to be made with the intent of prompting a specific official action.
Defense attorneys had argued that the McDonnell ruling said instead that a bribe must be given in exchange for a public official taking action, or agreeing to take action, on a specific matter.
The defense accused the prosecution of using a "mix-and-match" strategy to pair up Melgen's gifts between 2006 and 2013 with actions Menendez took during the same period, without establishing direct connections.
On Monday, Walls instead cited a federal appeals court ruling, issued after McDonnell, that upheld the stream of benefits theory in cases where gifts flow to a public official "in exchange for a pattern of official action ... on an as-needed basis."
In court papers, prosecutors had warned that invalidating the theory would "jettison the vast majority of bribery prosecutions and broadly legalize pay-to-play politics."
___
This story has been corrected to show that the congressman whose case was thrown out was from Louisiana, not Pennsylvania.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


More from News 12
2:08
STORM WATCH: Isolated storms expected in New Jersey late Tuesday into Wednesday morning

STORM WATCH: Isolated storms expected in New Jersey late Tuesday into Wednesday morning

2:24
Deadline to get a Real ID is in one year. Here's what you need to know

Deadline to get a Real ID is in one year. Here's what you need to know

0:33
Atlantic City man sentenced for drug induced deaths of tourists

Atlantic City man sentenced for drug induced deaths of tourists

0:26
Man killed in two-car Egg Harbor Township crash

Man killed in two-car Egg Harbor Township crash

2:03
Best of New Jersey: A taste of everything the Dunellen Hotel has to offer

Best of New Jersey: A taste of everything the Dunellen Hotel has to offer

0:29
Walmart reaches settlement in class action lawsuit

Walmart reaches settlement in class action lawsuit

0:48
Congressional action may help New Jersey seniors targeted by scams

Congressional action may help New Jersey seniors targeted by scams

0:37
Police: Man arrested after locking woman in crawl space in Atlantic City

Police: Man arrested after locking woman in crawl space in Atlantic City

2:09
Middletown moves forward with cheaper parking to offset NJ Transit fare increase

Middletown moves forward with cheaper parking to offset NJ Transit fare increase

0:48
Authorities: Construction worker who suffered fatal fall worked for K&D Contractors

Authorities: Construction worker who suffered fatal fall worked for K&D Contractors

0:21
Rutgers president to testify before Congress on antisemitism on college campuses

Rutgers president to testify before Congress on antisemitism on college campuses

2:06
First weekend of Newark’s youth curfew debuts to great success

First weekend of Newark’s youth curfew debuts to great success

1:41
Death of New Jersey state trooper during training incident prompts investigation

Death of New Jersey state trooper during training incident prompts investigation

0:50
Jersey Proud: Somerset charter school competes in World Robotics Championship in Texas

Jersey Proud: Somerset charter school competes in World Robotics Championship in Texas

0:16
Police: Hoboken man facing weapons charges in road rage incident

Police: Hoboken man facing weapons charges in road rage incident

2:42
Jersey Shore surfer whose 20-foot wipeout went viral helps rescue struggling swimmer

Jersey Shore surfer whose 20-foot wipeout went viral helps rescue struggling swimmer

2:11
Seniors learn about potential scams as Rep. Gottheimer introduces legislation to protect them

Seniors learn about potential scams as Rep. Gottheimer introduces legislation to protect them

0:42
New Jersey florists prep orders for Mother’s Day celebrations

New Jersey florists prep orders for Mother’s Day celebrations

0:22
Upgrades underway at Newark Liberty International Airport’s Terminal A

Upgrades underway at Newark Liberty International Airport’s Terminal A

1:32
How to prepare for spotted lanternfly season

How to prepare for spotted lanternfly season