New Jersey Sen. Bob Menendez Seeks Dismissal Of Bribery Case, Citing New Rulings
NEWARK, N.J. (CBSNewYork/AP) -- Lawyers for U.S. Sen. Bob Menendez of New Jersey are asking a federal court to dismiss political corruption charges against the Democrat, citing a 2016 Supreme Court decision and recent rulings they say narrow the scope of the federal bribery statute.
In a court filing Tuesday, they point to an appeals court ruling last week that reversed the corruption conviction of former New York Assembly Speaker Sheldon Silver.
The appeals court found sufficient evidence but flawed jury instructions in light of last year's Supreme Court ruling narrowing the definition of what it takes to convict a public official. Prosecutors have vowed to retry Silver.
Menendez was indicted in 2015 after prosecutors said he took official action on behalf of a longtime friend who had given him gifts and campaign donations including flights aboard a luxury jet and a Paris vacation.
The friend, Florida eye doctor Salomon Melgen, was convicted in April in Florida on multiple counts of Medicare fraud that are separate from the counts he faces in the Menendez indictment.
The indictment alleges Menendez used his official influence to set up meetings with government officials aimed at helping Melgen in the Medicare dispute and with a business interest involving port security in the Dominican Republic.
Menendez has contended he was seeking to influence future policy instead of advocating on behalf of his friend and that the government is attempting to use the timing of campaign donations to create a quid pro quo between him and Melgen that Menendez claims never existed.
The Supreme Court in March declined to hear his appeal of his corruption indictment.
His trial is scheduled to begin Sept. 6.
(© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)
