Jan. 10 (UPI) — New Jersey Sen. Bob Menendez, facing federal indictment on bribery and corruption charges, filed a legal brief seeking dismissal of the charges.
In it, the longtime Democratic lawmaker contended prosecutors are criminalizing lawful legislative activity to which he is constitutionally allowed.
The filing said, “Legislators must explain their conduct to voters, not to overzealous prosecutors. This fundamental protection of legislative independence is embedded in the Speech or Debate Clause (of the U.S. Constitution).”
Menendez lawyer Adam Fee said in a statement, “The government should be forced to end this case, as well as its one-sided effort to falsely tarnish the reputation that Sen. Menendez built through 50 years of patriotic public service.”
The Menendez court filing argues that prosectors charged him based on his actions as a U.S. senator, acts he and his lawyers say are protected by the Constitution.
“The Indictment alleges the protected legislative activity itself, and seeks to draw an inference of illicit bribery by impugning the Senator’s motives for those acts,” the Menendez legal filing states. “That is precisely what the Speech or Debate Clause forbids, as it would obligate the senator to justify his official (legislative) conduct as part of an (executive) criminal prosecution brought before a third co-equal branch of government (the judiciary).”
The senator was indicted last year on bribery charges involving hundreds of thousands of dollars, gold bars and a Mercedes-Benz car, among other valuables. The indictment also accused him of using his government influence to benefit Egypt.
Menendez delivered a floor speech in the Senate Tuesday denying federal charges that he also took bribes from Qatar.
On the criminal account accusing Menendez of acting illegally at the direction of Egypt, the Wednesday filing asserts, “The charge is as constitutionally infirm as it is factually ludicrous. It directly criminalizes Sen. Menendez’s legislative activity , without even the pretense of a distinct agreement.”
The senator’s lawyers argued that the court “should not permit this novel and dangerous encroachment on legislative independence.”
Menendez lawyers said in the court filing that the charges Menendez sold his office and sold out his nation are false.
The legal brief added, “The senator stands behind all of his official actions and decisions, and will be proud to defend them at trial.”
