Menendez Requests Judge to Dismiss Conviction Verdicts
The legal strategy is probably not going to succeed, as it requests a federal judge to overturn a trial that he oversaw.
TroibNews 
Sen. Bob Menendez, along with two New Jersey businesspeople found guilty last month of bribery charges, requested a judge on Monday to dismiss the verdicts against them.
This legal effort is expected to face challenges, as it seeks U.S. District Court Judge Sidney Stein to overturn the results of a two-month corruption trial he oversaw.
Menendez has indicated he will resign from the Senate, effective Tuesday, and will discontinue his bid for re-election. Nevertheless, he is still working to avoid a potential lengthy prison sentence for allegations including bribery, acting as a foreign agent for Egypt, obstruction of justice, extortion, and conspiracy.
The senator's motion, which notes that it is “no simple task” to vacate a jury verdict, introduces a range of complex legal issues that might ultimately lead to a review by the Supreme Court. His co-defendants submitted their own motions separately.
Menendez is emphasizing the constitutional “speech or debate” clause that offers lawmakers a degree of immunity. His legal team argues that prosecutors ignored this privilege and that significant portions of the evidence presented should have been kept from jurors. While Stein excluded some critical evidence, he permitted other materials, which included testimony from two aides of Menendez.
Additionally, the senator contends that prosecutors did not meet the necessary requirements to prove he accepted bribes in return for official acts. His filing contests whether the actions he was convicted of performing constitute legal official acts.
The motion was partially drafted by Yaakov Roth, an attorney with Jones Day, who represented former Virginia Governor Bob McDonnell in his bribery case and advocated for “Bridgegate” defendant Bridget Kelly, as well as former New York Governor Andrew Cuomo aide Joseph Percoco, at the Supreme Court, which ultimately overturned all three convictions.
Should Stein consider overturning the verdicts, he could either grant a new trial or choose to acquit Menendez based on his own legal judgment.
If sentencing proceeds as planned on October 29, Menendez and his co-defendants will be able to start their appeals to higher courts following that date.
Camille Lefevre contributed to this report for TROIB News
This legal effort is expected to face challenges, as it seeks U.S. District Court Judge Sidney Stein to overturn the results of a two-month corruption trial he oversaw.
Menendez has indicated he will resign from the Senate, effective Tuesday, and will discontinue his bid for re-election. Nevertheless, he is still working to avoid a potential lengthy prison sentence for allegations including bribery, acting as a foreign agent for Egypt, obstruction of justice, extortion, and conspiracy.
The senator's motion, which notes that it is “no simple task” to vacate a jury verdict, introduces a range of complex legal issues that might ultimately lead to a review by the Supreme Court. His co-defendants submitted their own motions separately.
Menendez is emphasizing the constitutional “speech or debate” clause that offers lawmakers a degree of immunity. His legal team argues that prosecutors ignored this privilege and that significant portions of the evidence presented should have been kept from jurors. While Stein excluded some critical evidence, he permitted other materials, which included testimony from two aides of Menendez.
Additionally, the senator contends that prosecutors did not meet the necessary requirements to prove he accepted bribes in return for official acts. His filing contests whether the actions he was convicted of performing constitute legal official acts.
The motion was partially drafted by Yaakov Roth, an attorney with Jones Day, who represented former Virginia Governor Bob McDonnell in his bribery case and advocated for “Bridgegate” defendant Bridget Kelly, as well as former New York Governor Andrew Cuomo aide Joseph Percoco, at the Supreme Court, which ultimately overturned all three convictions.
Should Stein consider overturning the verdicts, he could either grant a new trial or choose to acquit Menendez based on his own legal judgment.
If sentencing proceeds as planned on October 29, Menendez and his co-defendants will be able to start their appeals to higher courts following that date.
Camille Lefevre contributed to this report for TROIB News
