A federal judge rejected Sen. Bob Menendez’s (D.N.J.) argument that he had legislative immunity and therefore could not be prosecuted in the first four conspiracy charges against the New Jersey lawmaker.
Federal District Judge Sidney H. Stein of Manhattan decided on thursday Embattled senators cannot escape prosecution based on their conduct in the legislative arena as sitting members of the Senate.
Mr. Menendez argued that he could not be prosecuted because of the speech or debate clause of the Constitution. Stein rejected that claim.
“The court rejects Menendez’s claims in its entirety and finds that none of the S2 indictment’s allegations regarding the United States Attorney System are protected by the speech or discussion clause,” Stein wrote Thursday.
Mr. Stein also denied allegations in the senators’ indictment that it violates separation of powers principles.
“These cases strongly support the government’s position that enforcement of Section 219 against members of Congress is not precluded by the doctrine of separation of powers,” Stein wrote.
The trial is scheduled for May 6th.
Earlier this week, the senator pleaded not guilty to more than a dozen new charges accusing him and his wife of obstruction of justice.
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