A judge cut a small break for New Jersey Sen. Bob Menendez of New Jersey and an associate.
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“Menendez fails to meet his burden to demonstrate that the primary goal of these communications was not to lobby the Executive Branch to enforce Dr. Melgen’s specific contract, a non-legislative activity”, the judge wrote.
A federal judge today dismissed four bribery counts against U.S. Sen.
The judge dismissed the bribery charges in relation to $40,000 in donations from Melgen to a legal defense fund allegedly benefitting Menendez in return for favorable treatment from the public official. Menendez initially faced 14 counts and Melgen faced 12, and they pleaded not guilty. In exchange, prosecutors said Menendez tried to help Melgen in connection with overbilling and Medicaid-related fraud allegations with government officials.
A few issues raised by defense lawyers in a series of 15 motions filed in July were not addressed Monday, and it was unclear if further rulings were coming.
“We appreciate that the Court dismissed several counts in the indictment that we challenged, and there are still additional challenges pending in which decisions could impact the viability of other charges in the case”, Lowell said.
Walls also denied the senator’s claim that prosecutors knowingly encouraged a Federal Bureau of Investigation agent to lie to the grand jury that returned the April 1 indictment.
Walls ruled there was enough evidence to show Menendez’s actions were not legislative in nature and ruled he should stand trial.
The charges that were thrown out involved contributions Melgen and family members made to the Fund to Uphold the Constitution, an account Menendez created to fund a successful lawsuit against an attempted recall effort.
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But the judge was not swayed by the claim that the whole 22-count indictment should be dismissed because the alleged bribes were protected by the Constitution as free speech.
