U.S. to retry Senator Menendez on bribery, corruption charges

By Joseph Ax

 

U.S. Senator Robert Menendez (D-NJ) speaks to media as he departs the United States Court after his corruption trial ended in a mistrial in Newark, New Jersey, U.S., November 16, 2017. REUTERS/Eduardo Munoz

 

NEW YORK (Reuters) - The U.S. Justice Department said on Friday it plans to retry Democratic U.S. Senator Robert Menendez on bribery and corruption charges after a jury was deadlocked during a trial in November.

 

The government is seeking the "earliest possible date" for a retrial, according to a court filing. Menendez, who has represented New Jersey in the Senate since 2006, is expected to run for another six-year term this year, and the state's Democratic leaders have endorsed his bid despite the charges.

 

"The decision to retry this case was made based on the facts and the law, following a careful review," the Justice Department said in a statement.

 

Menendez, 64, is accused of accepting private flights, campaign contributions and other bribes from a wealthy patron, Florida ophthalmologist Salomon Melgen, in exchange for official favours.

 

Melgen, who was separately convicted last year in Florida of perpetrating a massive Medicare fraud, will also be retried, the Justice Department said.

 

"We regret that the DOJ, after spending millions and millions of taxpayer dollars, and failing to prove a single allegation in a court of law, has decided to double down on an unjust prosecution," Menendez's office said in a statement. "Evidently, they did not hear the overwhelming voices of the New Jerseyans who served on the jury this fall. Senator Menendez fully intends to be vindicated - again."

 

A lawyer for Melgen, Kirk Ogrosky, said in an email that they were "disappointed" in the decision to continue a "ridiculous" prosecution.

 

The case was the first high-profile corruption trial for federal prosecutors since a U.S. Supreme Court decision in 2016 limited their ability to bring such charges.

 

A second trial this year could pose a major distraction for Menendez and his fellow Democrats, who are already facing an unfriendly electoral map in their quest to wrest control of the Senate.

 

Republicans hold a narrow 51-49 advantage but only have to defend eight seats, compared with 26 for Democrats and independents who caucus with them.

 

During the 10-week trial last year, prosecutors said Melgen showered Menendez with gifts. In exchange, they said, Menendez pressured Medicare officials to revamp the agency's billing policies after Melgen was found to have overbilled it by millions of dollars.

 

The senator also helped secure visas for Melgen's foreign girlfriends and asked U.S. officials to resolve a port dispute in the Dominican Republic involving one of Melgen's companies, prosecutors said.

 

Defense attorneys said Menendez and Melgen were simply close friends.

 

 

-- © Copyright Reuters 2018-01-20

7 hours ago, rooster59 said:

"The decision to retry this case was made based on the facts and the law, following a careful review,"

Or was it based on a decision of the Republican U.S. Attorney General seeking to help Republican Senate chances? Trump has made it known he wants to use the DOJ for his own purposes as Sessions has shown himself to be a very loyal servant of Trump.

These Democrats know no bounds with their self righteous criminal activities. Drain the swamp Mr Trump and show no mercy to these criminals.

 

48 minutes ago, jackh said:

These Democrats know no bounds with their self righteous criminal activities. Drain the swamp Mr Trump and show no mercy to these criminals.

 

You are a worthy acolyte of Donald Trump. It may well be that the Justice Dept. feels it has a legitimate case against Menendez. The problem is that the current President has repeatedly called for various criminal prosecutions of his political enemies. And not just before he became President but while he's in office. So he has inescapably tainted this prosecution and any others that might be pursued against political opponents thanks to his own particularly vicious brand of cluelessness.

10 hours ago, Srikcir said:

Or was it based on a decision of the Republican U.S. Attorney General seeking to help Republican Senate chances? Trump has made it known he wants to use the DOJ for his own purposes as Sessions has shown himself to be a very loyal servant of Trump.

Its not uncommon to be retried because of a mistrial.

 or someone could say the obama administration wanted to let it go and not do a full investigation because he is a fellow democrat.

In criminal cases it only takes 1 person to cause a mistrial aka hung jury the exact reason there are 11 to 12 jurors in most criminal cases is to prevent a hung jury. The menendez had 10 if it had 11 or 12, the chance of a hung jury is low.

Edited January 20, 20188 yr by USPatriot

3 hours ago, USPatriot said:

Its not uncommon to be retried because of a mistrial.

 or someone could say the obama administration wanted to let it go and not do a full investigation because he is a fellow democrat.

In criminal cases it only takes 1 person to cause a mistrial aka hung jury the exact reason there are 11 to 12 jurors in most criminal cases is to prevent a hung jury. The menendez had 10 if it had 11 or 12, the chance of a hung jury is low.

"Its not uncommon to be retried because of a mistrial."

You got some statistics to back you up on that? I haven't been able to find any.

Yes, someone could say "the obama administration wanted to let it go and not do a full investigation because he is a fellow democrat." But Obama had the decency not to publicly comment on the justice department's conduct and there is no evidence that he he ever asked for investigation of his political opponents or dropping investigations of of his supporters. Not so with Trump.

Where did you ever get the idea that the jury had only 10 members? And what kind of math is it that tells you that a larger jury is less likely to be hung? Mathematically speaking the opposite is the case. And 10 of the 12 jurors voted to acquit on all counts. Only 2 voted to convict. 

"Juror Edward Norris said that 10 jurors wanted to acquit Menendez on all charges, while two held out for conviction. Norris said that after the prosecution rested, "in my gut I was like, 'That's it? That's all they had?'"

http://www.fox5ny.com/news/menendez-trial-jury

 

On 1/20/2018 at 11:43 PM, ilostmypassword said:

You are a worthy acolyte of Donald Trump. It may well be that the Justice Dept. feels it has a legitimate case against Menendez. The problem is that the current President has repeatedly called for various criminal prosecutions of his political enemies. And not just before he became President but while he's in office. So he has inescapably tainted this prosecution and any others that might be pursued against political opponents thanks to his own particularly vicious brand of cluelessness.

Thank you! A badge I proudly wear!

 

On 1/20/2018 at 9:51 PM, jackh said:

These Democrats know no bounds with their self righteous criminal activities. Drain the swamp Mr Trump and show no mercy to these criminals.

 

It looks like Trump just backed down. What a punk!

Justice Department Dismisses Corruption Case Against Menendez

"The Department of Justice on Wednesday dismissed all the remaining charges against Senator Robert Menendez, a decision that underscores how a 2016 Supreme Court ruling has significantly raised the bar for prosecutors who try to pursue corruption cases against elected officials.

The motion to dismiss comes less than two weeks after prosecutors said they were intent on retrying Mr. Menendez, a New Jersey Democrat, and it allows him to run for re-election without having to face a second trial.

The Justice Department on Wednesday cited last week’s decision by Judge William H. Walls to throw out several charges the senator had faced, including bribery counts stemming from accusations that Mr. Menendez lobbied on behalf of a wealthy Florida eye doctor in exchange for political donations."

https://www.nytimes.com/2018/01/31/nyregion/justice-department-moves-to-dismiss-corruption-case-against-menendez.html