Menendez corruption and bribery trial: What to know

By Kaitlyn Schallhorn

Published October 16, 2017

After six weeks of trial, the government rested in its bribery case last week against Sen. Bob Menendez, D-N.J., who faces more than a dozen charges of fraud and bribery. And despite the defense’s objections, a federal judge Monday refused to throw out the case.

Menendez is accused of accepting donations, trips and gifts in exchange from an eye-doctor friend in exchange for pressuring government officials to act in ways that would be beneficial to his friend’s business interests.

Menendez has maintained his innocence, and U.S. District Judge William Walls had to decide if he would dismiss it, using a 2016 Supreme Court ruling which outlined a stricter definition of what an “official act” is. The defense argued that the allegations against Menendez do not meet that narrower definition.

Walls said Monday that the case would continue – seen as a huge win for prosecutors. The defense will not start its case.

It’s the first time in nine years that a sitting U.S. senator is facing a federal bribery charge.

What is Menendez accused of?

Menendez, 63, accepted a plethora of campaign donations, gifts and vacations from Salomon Melgen, a Florida ophthalmologist.

In return, Menendez used his position to lobby on behalf of Melgen’s business interests, according to prosecutors.

Sen. Bob Menendez, center, arrives to the courthouse with his children, Alicia Menendez and Robert Menendez Jr., in Newark, N.J., Wednesday, Sept. 6, 2017. The corruption trial for the New Jersey Democrat and a wealthy Florida eye doctor begins on Wednesday in Newark. The trial will examine whether Menendez was illegally lobbying for Salomon Melgen, who gave him political contributions and gifts including luxury vacations. (AP Photo/Seth Wenig)

Sen. Bob Menendez, D-N.J., arrives to the courthouse with his children in Newark, N.J., on Sept. 6, 2017 as the corruption trial begins.  (AP Photo/Seth Wenig)

Melgen allegedly directed more than $750,000 in campaign contributions to entities that supported Menendez, according to the indictment, which prosecutors said were inducements to get Menendez to use his influence on Melgen's behalf. Prosecutors have also accused Menendez of trying to hide the gifts.

Melgen also paid for Menendez and his girlfriend to stay for three nights at a Parisian hotel where rooms typically cost about $1,500 per night and allowed the senator the use of his private jet, according to prosecutors.

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Federal prosecutors said that Menendez “sold his office for a lifestyle that he couldn’t afford.”

The indictment also alleged that Menendez pressured State Department officials to give visas to three young women described as Melgen's girlfriends.

What is the senator’s defense?

Both Menendez and Melgen have pleaded not guilty – and Menendez has vehemently denied the accusations against him.

Throughout the trial thus far, defense attorneys have sought to prove that Menendez and Melgen have been friends since before the former became a senator, and the trips were nothing more than friends traveling together.

At times emotional, Menendez has maintained his innocence throughout the trial.  

What has happened in the trial so far?

Defense attorney Raymond Brown got into a spat with U.S. District Court Judge William H. Walls at the start of the trial. Brown accused Walls of being “extremely prejudicial to the defense.”

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Walls had denied Menendez’s request that the trial be recessed during critical Senate votes, stating that his job should not be treated differently from that of a construction worker or cab driver.

The trial has also focused on a meeting former Senate Majority Leader Harry Reid, D, set up with Menendez and former Health and Human Services Secretary Kathleen Sebelius to discuss a nearly $9 million Medicaid billing dispute.

Sebelius testified in court this week that the incident was the first time in her role in government that she was asked by a senator to take a meeting with another senator. She said that Meglen wasn’t specifically mentioned in the meeting but that she assumed his case was the topic.

Prosecutors didn’t call Reid to testify before it rested its case on Oct. 11. 

Walls declined to throw the case out despite the defense’s objections that the accusations against Menendez didn’t fit the narrow definition of bribery that was a result of a 2016 Supreme Court decision.

In recent months, the McDonnell ruling led judges to throw out bribery convictions of at least three other former public officials, including a Pennsylvania congressman.  

Is there anything else to know about Salomon Melgen?

Florida ophthalmologist Salomon Melgen arrives to the Federal court in Newark, New Jersey April 2, 2015. U.S. Senator Robert Menendez of New Jersey was indicted on corruption charges, allegations that the high-ranking Democrat vowed to fight at a news conference on Wednesday night. Menendez was indicted by a grand jury in New Jersey for accepting gifts from Melgen in exchange for using the power of his Senate office to benefit Melgen's financial and personal interests, according to the court filing. REUTERS/Eduardo Munoz - GF10000047382

Florida ophthalmologist Salomon Melgen is accused of giving Sen. Bob Menendez, D-N.J., gifts in exchange for help with his personal and financial dealings.  (Reuters/Eduardo Munoz)

Melgen, 63, was convicted of 67 counts of health care fraud in April in what the Palm Beach Post called one of the biggest Medicare fraud cases in the U.S.

During that case, prosecutors argued that Melgen, who was born in the Dominican Republic, robbed Medicare of as much as $105 million, according to the newspaper. His sentencing has been delayed until after this trial.

Aside from Menendez, Melgen has given significant amounts of money to a variety of Democratic lawmakers, according to public records.

What happens if Menendez is convicted?

If Menendez is convicted and goes to prison, Gov. Chris Christie, R-N.J., would pick a replacement.

That prospect is troublesome for Democrats who fear that Christie would pick a Republican to fill the Senate seat – giving the GOP an additional edge for legislative fights.

Menendez is up for reelection next year. He was selected to replace former Gov. Jon Corzine, D-N.J., in the Senate in 2005.

The Associated Press contributed to this report.

 

Kaitlyn Schallhorn is a Reporter for Fox News. Follow her on Twitter @K_Schallhorn.

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http://www.foxnews.com/politics/2017/10/16/menendez-corruption-and-bribery-trial-what-to-know.html