The lawyer of Senator Robert Menendez argues that the US Constitution protects his client from being prosecuted for bribery, hence, the corruption cases should be tossed.
Yahoo News reported that Abbe Lowell argued before the 3rd US Circuit Court of Appeals panel that Sen. Menendez's meeting with several government officials, including former Health and Human Services Secretary Kathleen Sebelius, happened in an effort to resolve some policy issues and not to benefit a wealthy friend. Prosecutors accused that the senator's friend, Salomon Melgen, who is an ophthalmologist in Florida, gave campaign contributions and presents to the senator in exchange for political influence.
According to Menendez and his legal team, the indictment that was opened last spring against him and Melgen, is an 'egregious example' of the US Justice Department's 'over-reaching' into a legal and legitimate affairs of a sitting lawmaker. Prosecutors allege Sen. Menendez to be hiding behind the speech or debate clause to obscure the truth that he was lobbying on behalf of his wealthy benefactor, says CBS.
The prosecutors pointed out that the senator accepted lavish stays at a Caribbean villa, an expensive trip to Paris and flights on private jets from Solomon Melgen. Melgen notably faced an $8.9 million billing dispute with Medicare and Sen. Menendez interceded on behalf of him, as reported by the Reuters.
The hearing that will be held on Monday involves an appeal of an earlier ruling dismissing a motion by the lawyers of Sen. Menendez to have the case dropped before it goes to trial. Attorney Abbe Lowell suggested that the justices should look what happened in the room when the senator and Melgen were having a meeting. "If you look at what happened in the room, the record reflects that there were high-level policy discussions occurring," Lowell added.
Sen. Menendez's case underlines a seldom-discussed provision of the US constitution, which is also known as the 'speech or debate clause'. The clause provides members of the Congress wide-ranging protection against lawsuits for actions they take in their capability as lawmakers.
However, Circuit Judge Thomas B. Ambro emphasized that not everything a member of Congress does is protected by the 'speech or debate' clause. Both Menendez and Melgen pleaded not guilty and have challenged the charges that were set before them. Back in September, US District Judge Benjamin Walls dismissed some of the charges against the men related to the accusations that Melgen passed along $40,000 in bribes with contributions through the senator's legal defense fund.
