By The opinion
Mar 14, 2024, 7:00 PM EDT
Sen. Bob Menendez cannot avoid prosecution in federal court on the basis that he has legislative immunity, a judge ruled Thursday.
The Democratic senator from New Jersey is charged with four conspiracy counts alleging he accepted bribes of cash and gold bars in exchange for delivering legislative favors.
U.S. District Judge Sidney H. Stein in Manhattan said in a written ruling Thursday that Menendez’s conduct You are not protected due to the nature of your work as a United States senator or as then-chairman of the Senate Foreign Relations Committee.
“[E]The Court finds that none of the allegations at issue relating to the U.S. Prosecutor’s Plan or the Egyptian Relief Plan are protected by the Speech or Debate Clause,” Judge Sidney Stein wrote Thursday.
Menendez sought to dismiss charges against him that include conspiracy to commit bribery, conspiracy to commit honest services fraud, conspiracy to commit extortion under color of official law and conspiracy to cause a public official to act as a foreign agent.
The judge said that None of those charges should be dismissed. based on the protection of the Speech and Debate Clause of the United States Constitution for members of Congress and that no impeachment should be expunged.
Prosecutors have accused Menéndez, 69, of conspiring with his wife, Nadine Menéndez, and businessman Wael Hana, to have the senator act as an agent for Egypt and Qatar.
In exchange for bribe payments, Menendez was to help lift a blockade on U.S. military aid to Egypt, the indictment says. The senator has also been accused of accepting bribes in exchange for doing favors for the Qatari government.
Another businessman charged in the case, José Uribe, pleaded guilty earlier this month and agreed to cooperate.
Uribe said he provided Nadine Menendez with a luxury convertible car in exchange for favors, prosecutors said.
Senator Menéndez is the first sitting member of Congress to be charged with conspiracy by a public official to act as a foreign agent.
The senator and his wife face additional charges of obstruction of justice that were not part of Thursday’s order.
The couple and other defendants pleaded not guilty to all charges contained in a total of four indictments.
A trial has been set for May, although lawyers have indicated that any appeal of the new ruling could force the trial date to be postponed for months.
With information from The Associated Press and ABC News
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