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CNN
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A Manhattan judge on Thursday rejected a motion to dismiss federal bribery and extortion charges against Sen. Bob Menendez, citing legislative privilege.
New Jersey Democrats had argued that the charges violate the Constitution’s separation of powers and the Speech and Debate Clause, which protects members from certain law enforcement actions that target their legislative duties.
Judge Sidney Stein blasted that argument Thursday, saying the charges underlying these charges against Menendez cover acts that go beyond “legislative action” and, as a result, lack their legal protections. It was decided that
Menendez, his wife Nadine Menendez, and three New Jersey businessmen were indicted in September as part of the bribery scheme. The indictment was updated several times with additional charges as prosecutors raised new charges that the senator acted as a foreign agent for Egypt and accepted gifts from Qatar as part of a long-running corruption scheme. Mr. Menendez maintains his innocence.
Mr. Menendez may appeal Mr. Stein’s decision, which could delay the trial, which was scheduled to begin May 6. A separate motion to dismiss the charges on other grounds is also pending.
The senator’s lawyer, Adam Fee, told CNN in a statement that Menendez’s team is reviewing the verdict and its legal options, adding, “The court’s decision means that juries have the final say on the government’s case. “We have made it clear that we will have one,” he added.
“As we have said from day one, the indictment is a gross misrepresentation of reality, and we continue to have full confidence that the jury will see the truth and that Sen. Menendez has done nothing wrong. ” the statement continued. “We look forward to proceeding to trial, where we will clear the name of this dedicated lifelong public servant.”
Thursday’s decision came days after Menendez pleaded not guilty to more than a dozen new felonies, including conspiracy, obstruction of justice, bribery and extortion. In a third superseding indictment filed earlier this month, prosecutors alleged that he induced his lawyer to provide false information during interviews with investigators, including claiming that the alleged illegal bribe was a loan. .
Menendez has also faced a flurry of calls for his resignation from his own party and Senate colleagues since the first accusations were made in September. The lawmaker pushed back, reiterating that he had no intention of resigning and that he believed he would be exonerated.
CNN’s Kara Scannell contributed to this report.
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