Bob Menendez Faces Judgment Day
A former senator from New Jersey, who has been convicted, is set to receive his sentencing from a federal judge.
Menendez left the Senate last summer after a Manhattan jury found him guilty of corruption. Prosecutors accused him of exploiting his power to assist a group of New Jersey businesspeople and two foreign governments in exchange for bribes that reportedly filled his home with cash and gold bars. This verdict marked the conclusion of Menendez's 50-year political career, during which he achieved considerable power in New Jersey and significant influence internationally.
Prosecutors are seeking a 15-year prison sentence for the 71-year-old, asserting that Menendez is one of the most corrupt senators in U.S. history. “Menendez’s conduct may be the most serious for which a U.S. Senator has been convicted in the history of the Republic,” prosecutors stated to U.S. District Court Judge Sidney Stein, who will determine Menendez’s sentence.
While prison time is a possibility, he is not expected to begin serving his sentence immediately. There is a chance he could receive a pardon from President Donald Trump or persuade an appellate court to overturn his convictions.
Only around a dozen senators have been charged criminally, and just three have served prison sentences. Among those, Menendez is particularly notable. Prosecutors claim he is the first senator convicted for abusing a leadership role on a Senate committee and the first public official to be found guilty of acting as a foreign agent while in office.
For those who criticize New Jersey as a hub of political corruption, it's worth noting that the last senator to be incarcerated was another New Jersey Democrat, Harrison Williams, who fell victim to the FBI sting operation known as Abscam over 40 years ago.
A significant blemish on Menendez’s legacy is tied to foreign affairs. The jury determined that, in exchange for cash and gold from New Jersey businesspeople, Menendez leveraged his influence to assist Egypt and Qatar while he was meant to serve U.S. interests as the chair of the Senate Foreign Relations Committee.
Additionally, he was convicted of attempting to subvert state and federal justice systems in favor of those bribing him, including a co-defendant who pleaded guilty and testified against him.
The scandal fueled late-night comedy skits and gossip, particularly regarding how Menendez stored his bribes in bags, shoes, and coats throughout his home in Englewood Cliffs, New Jersey. His defense team claimed that he and his wife, Nadine, essentially lived separate lives post-marriage, at times attempting to shift responsibility for their troubles to her.
Looking ahead, Menendez's legal options are still open. His attorneys recently filed a request for Judge Stein to allow him to avoid prison while he appeals his conviction.
This indicates that even after sentencing, the legal saga might not be over.
Menendez and two co-defendants — New Jersey real estate developer Fred Daibes and Wael Hana, a businessman linked to the Egyptian government — have indicated their intention to appeal to the Second Circuit Court of Appeals, and potentially to the Supreme Court as needed.
They will attempt to revisit complex legal issues that arose during the trial, forcing Stein to address questions that the Supreme Court has yet to comprehensively examine, particularly regarding the “speech or debate” immunity granted to congressional members. “This court surely believes it answered those questions correctly,” Menendez’s attorneys asserted in their recent communication to Stein. “But it can just as surely recognize that the Second Circuit could answer them the other way.”
Historically, senators have a fair chance in legal battles: of the twelve previously prosecuted, eight successfully challenged their charges either during or after trial. This trend dates back to Sen. John Smith, acquitted of conspiracy against Aaron Burr in the early 1800s, and includes the late Sen. Ted Stevens from Alaska, whose 2008 conviction was later invalidated due to prosecutorial misconduct.
Menendez benefits from a high-caliber legal team. Notably, one lawyer, Avi Weitzman, claims he has never had a client sentenced to prison for criminal charges. Another, Yaakov Roth, previously represented former Virginia Gov. Bob McDonnell in his bribery case and argued alongside former New York Gov. Andrew Cuomo aide Joseph Percoco at the Supreme Court, which overturned all three convictions.
However, Menendez has experienced setbacks in court against experienced federal prosecutors who successfully prosecuted individuals like sex trafficker Ghislaine Maxwell and former New York Assembly Speaker Sheldon Silver.
During the trial, jurors were presented with tangible evidence confiscated from Menendez's home, including cash and gold. They heard how the FBI believed Menendez and Daibes had left their fingerprints on some of the seized cash. The prosecution laid out a detailed timeline through text messages and cellphone data that tracked Menendez's movements and communications with alleged accomplices.
Witnesses included:
- A man who admitted to bribing the senator and his wife, claiming Menendez called for her during a backyard meeting.
- A former New Jersey attorney general who recounted a troubling interaction with Menendez.
- A former Senate aide who testified about Menendez’s unusual actions toward Egypt during the period when he allegedly took bribes for military aid.
- An undercover FBI agent who overheard Menendez's then-girlfriend Nadine discussing their influence with a senior Egyptian official.
Throughout the proceeding, Menendez adopted a different strategy from his co-defendants, who did not deny gifting him and his wife various items — insisting those were mere gifts, not bribes. Instead, Menendez presented witnesses who argued he was merely hoarding his own money due to deeply rooted behavioral traits from his Cuban family.
He also attempted to deflect blame onto Nadine, whose trial has been postponed multiple times as she battles cancer. His legal team argued that the gold found was her family’s property. Her trial is now scheduled for March.
The two-month-long trial was occasionally tedious, as prosecutors had FBI agents read long excerpts of evidence to the jury. This laborious process tested the patience of both jurors and the judge during some of the hottest days of a New York summer.
Interestingly, the trial was overshadowed by Trump’s state criminal proceedings taking place just a short walk away, with various reporters breaching the courthouse to follow both cases, turning Menendez's trial into somewhat of a sideshow.
Finally, complications regarding a document-heavy case may hinder prosecutors moving forward. Following the jury's verdict, it was revealed that jurors had inadvertently received access to materials deemed off-limits by the judge.
Menendez's legal team sought to have the verdicts dismissed on these grounds, but Stein declined to do so, noting that defense counsel had opportunities to spot these issues and asserting that it was improbable the jury had viewed the problematic evidence.
Menendez might also be banking on a possible pardon from Trump, who had previously commuted the sentence of a Florida doctor involved in an earlier corruption case against him nearly a decade ago. Ironically, Menendez had escaped prior charges partly by arguing that prosecutors lacked concrete evidence of wrongdoing, claiming there had been “no duffel bag stuffed with cash.”
This time, however, federal investigators did uncover a black duffel bag loaded with cash.
Coincidentally, Menendez was inadvertently implicated in the investigation that ultimately led to his downfall. In May 2019, FBI surveillance teams were monitoring a trio of Egyptian men dining at Morton’s Steakhouse, unknowingly leading them to Menendez, who entered the scene later.
Now, as the public awaits the outcome of the sentencing, it remains to be seen how much Menendez may ultimately pay for his actions.
James del Carmen for TROIB News