A federal judge has turned down Senator Bob Menendez’s argument that he is immune from prosecution due to his legislative work, and therefore cannot be prosecuted for the initial four conspiracy charges against him.
U.S. District Judge Sidney H. Stein in Manhattan ruled Thursday that the embattled senator cannot avoid prosecution based on his actions as a sitting lawmaker in Congress.
Menendez contended that he could not be prosecuted because of the Constitution’s Speech or Debate Clause. Stein dismissed that argument.
Stein wrote on Thursday that the court fully rejects Menendez’s argument, concluding that none of the allegations in the S2 Indictment related to the U.S. Attorney Scheme are protected by the Speech or Debate Clause.
Stein also dismissed the senator’s claim in the indictment that it violates the separation of power doctrine.
Stein wrote, “These cases strongly support the Government’s position that enforcement of Section 219 against a Member of Congress is not barred by the separation of powers doctrine.”
The trial is scheduled for May 6.
Earlier this week, the senator pleaded not guilty to a dozen new charges accusing him and his wife of obstruction of justice.
