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The federal bribery indictment against Sen. Robert Menendez (D.N.J.) is shocking. Although senators enjoy the presumption of innocence and the indictment reflects only the government’s side of the case, the indictment contains detailed descriptions of official acts committed by the senators that the defense could overcome. It is difficult and probably impossible to do so. For senators to overcome politically.
Senator Menendez may have nine lives, but he may have used up eight of them by successfully defending the last corruption case against him in 2017.
This indictment highlights the reality of old-fashioned political corruption. There is little nuance in the envelope containing roughly $500,000 worth of cash. A new Mercedes-Benz convertible, a no-show job, and, going back in time, $150,000 worth of real gold bars discovered in his home during an FBI raid in June. 2022. It’s amazing that I didn’t even find a Tommy gun just to complete the picture.
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More important than the images of these valuables is how Sen. Menendez and his wife Nadine (also indicted) came to possess them.
Nadine Menendez began dating the senator in February 2018. Among the things she brought to the relationship was a longtime friendship with Will Hanna, a New Jersey businessman of Egyptian descent who maintained close ties with Egyptian officials. Ta. Mr. Hana and his associates Jose Uribe and Fred Duives are all co-defendants of Mr. and Mrs. Menendez.
They quickly put the senator to work. The indictment describes numerous public actions taken by Senator Menendez since March 2018 and the awarding of valuables to him and Nadine in sufficient time to strongly infer quid pro quo. ing.
Text messages between Nadine Menendez and Hana, Uribe and Daibez firmly link the bribery charges, with details such as fingerprints and DNA of Daibez or her driver appearing on envelopes of cash found at Menendez’s home. The same is true. Senator Menendez did his Google search for “1 kg of gold”. Two days after the senator met with Hana and Egyptian officials, Hana purchased 22 gold bars, two of which were later discovered in the Menendez home. Ta.
Democratic Sen. Bob Menendez faces bribery charges
In recent years, it has become increasingly difficult for governments to bring bribery cases. In the case against former Virginia Gov. Bob McDonnell, the Supreme Court narrowed the definition of “official acts” to support bribery convictions against government officials. Specifically, the court stated that “arranging a meeting, calling another public official, or hosting an event are not, on their own, considered ‘official acts.'”
The court further held that for the purpose of establishing bribery in an honest services fraud prosecution, an “official act” is when a public official “makes a decision or takes an action regarding a question, matter,” or agrees to do so. I concluded that I would request it. , cause, suit, proceeding or controversy. ”
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The actions that Sen. Menendez allegedly took to benefit Hana, Uribe, and Daives, if proven, clearly exceed the bribery standard in the McDonnell case. In fact, they represent classic and extreme examples of how senators can sell their jobs if they so choose. For example:
- He abused his position as chairman of the Senate Foreign Relations Committee to lift a two-year hold on military aid to Egypt over human rights issues in exchange for his then-girlfriend Nadine’s absence or no-show work.
- Intervene with the Department of Agriculture to force Egypt to reconsider and withdraw its opposition to Hana’s company having a monopoly on halal certification of U.S. exports to Egypt in exchange for Hana’s company paying $23,000. Attempts (unsuccessfully) to persuade the Department of Agriculture to bring Nadine Menendez’s mortgage current and avoid foreclosure.
- Contact and meet with high-ranking officials in the New Jersey Attorney General’s Office to persuade them to resolve a public criminal investigation against Uribe’s company in Uribe’s favor in exchange for a new Mercedes-Benz convertible.
- By linking support for a candidate for New Jersey’s U.S. attorney to a belief that that candidate would resolve the case in Dybes’ favor, and contacting an assistant U.S. attorney in exchange for an envelope, he could help Dybes with his ongoing efforts. attempted to impede prosecution. Cash and 2 gold bars.
These public actions taken by the New Jersey Democrat in exchange for this treasure go to the heart of his responsibilities as a senator and will reflect an astonishing betrayal of his oath of office.
New Jersey Governor Phil Murphy calls senators.Menendez to resign after being indicted
Interfering with ongoing criminal investigations is a “third rail” for elected officials, and manipulating foreign military aid can have significant policy implications.
It is unlikely that senators could credibly characterize these official actions as benign “constitutional service.”
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Senator Menendez has previously been indicted on corruption charges. In 2015, he allegedly received nearly $1 million in lavish gifts and campaign contributions from Florida eye doctor Salomon Melgen. Mr. Melgen was embroiled in a billing dispute with Medicare, and Sen. Menendez allegedly sought to favor Mr. Melgen, including using his staff to advocate on his behalf.
The lawsuit alleges that Sen. Menendez emphasized in his defense that he had a true long-standing friendship with Mr. Melgen, then separated Mr. Melgen’s kindness from his official actions, saying that “just a friend helping a friend” was the defense’s defense. Because of the theme, the jury became a hung jury.
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This lawsuit has several major differences from the Mergen issue. Senator Menendez does not have a long-standing friendship with Hana and others. The official actions he took on their behalf were far more significant. And the valuables he received from them were far more scandalous than the holidays he spent with his friend Dr. Melgen.
Conclusion: It will be difficult for him to win this time with the same strategy.
Click here to read more articles by Scott A. Coffina