Judge rejects Sen. Menendez’s claims that legislative immunity protects him from bribery charges

NEW YORK (AP) — Sen. Bob Menendez cannot escape federal prosecution on grounds that he has legislative immunity from four conspiracy charges alleging that he accepted bribes including cash and gold bars in exchange for delivering favors to three New Jersey businessmen, a judge ruled Thursday.

U.S. District Judge Sidney H. Stein in Manhattan said in a written ruling that charges alleging the New Jersey Democrat accepted bribes from three businessmen in return for legislative favors cannot be dropped on grounds that members of Congress get extra protection from some laws for what they do in the legislative sphere.

He said criminal intent cannot be protected by wording in the Constitution meant to protect information sharing by legislators.

“The fact that this information sharing is part of a corrupt scheme prevents a characterization of those discussions as legislative acts,” he wrote.

Stein said the 2nd U.S. Circuit of Appeals in Manhattan has made clear in previous cases that “even activity that might otherwise sit comfortably within the heartland of the Speech or Debate Clause — speech on the House floor — is denied protection from the Clause when the speech in not made ‘in the course of the legislative process,’ but rather functions as a ‘whispered solicitation to commit a crime.’”

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