A motion to dismiss, put forth by Senator Bob Menendez (D-NJ), has been denied by a federal judge in New York in his ongoing conspiracy case. Judge Sidney Stein declared that the constitutional grounds Menendez used in his motion did not envelop the charges. Earlier this week, Menendez entered a not guilty plea to the four charges which incriminate him of conspiring to serve as a foreign agent for Egypt and Qatar.
Menendez challenged the charges under the Speech and Debate Clause of the US Constitution. The senator argued that his participation in the recommendation of a nominee to the US president for the US Attorneys Office, as well as his meetings in Egypt where he disclosed confidential information, were protected by this clause, which generally prevents US lawmakers from legal repercussions for speeches made in their capacity as lawmakers.
However, Judge Stein’s courtroom findings stated that:
“[E]ven activity that might otherwise sit comfortably within the heartland of Speech or Debate clause—speech on the House floor—is denied protection from the Clause when the speech is not made “in the court of the legislative process,” but rather functions as a “widespread solicitation to commit a crime.”
The judge also dismissed Menendez’s argument that his meetings in Egypt were under the legal safeguard of the Speech and Debate Clause because he was fulfilling his duties as a lawmaker. Stein determined these acts were not protected, adding that “Surely meetings with, and the provision of information to, Egyptian officials in relation to a corrupt bribery scheme must be viewed as occurring outside of the legislative process.”
With Stein’s refutation of Menendez’s motion, the case is set to progress with the four original charges: conspiracy to commit bribery, conspiracy to commit honest services fraud, conspiracy to commit extortion under color of official right, and conspiracy for a public official to act as a foreign agent. As chairman of the Senate Foreign Relations Committee, Menendez, his wife, and three others have all pleaded not guilty to the charges.