Sen. Bob Menendez files motion to dismiss indictment against him

Sen. Bob Menendez, D-N.J., on Wednesday filed a motion to dismiss an indictment charging him with bribery and acting as a foreign agent.

In a statement, Menendez’s lawyer Adam Fee said in a statement the charges against his client are unconstitutional and that the Wednesday motion to dismiss charges was filed “to expose the government’s case is rotten at its core.”

“The charges against him violate Constitutional safeguards designed to stop overzealous prosecutors from second-guessing the good-faith actions of elected officials,” Fee said. “Indeed, as our motion shows, much of what the prosecutors have charged here cannot even constitute a crime. There should be no trial.”

“The government should be forced to end this case, as well as its one-sided effort to falsely tarnish the reputation that Senator Menendez built through 50 years of patriotic public service,” he added. “We look forward to the Court’s ruling.”

Menendez and his wife, Nadine, in September were charged with bribery over their alleged acceptance of “hundreds of thousands of dollars” in exchange for the use of the senator’s influence to enrich three New Jersey businessmen and allegedly to benefit the Egyptian government.

Menendez was faced with additional charges in October alleging the Democratic senator, who served as the chair of the Senate Foreign Relations Committee at the time, “provided sensitive U.S. Government information and took other steps that secretly aided the Government of Egypt.”

He, his wife and the businessmen have pleaded not guilty to the charges.

Menendez temporarily stepped down as chair of the Senate Foreign Relations Committee after he was indicted on the bribery charges in September, but remains a member of the panel.

A federal grand jury last week hit Menendez with a second superseding indictment alleging that he assisted one of the businessmen, a New Jersey developer, with acquiring a multimillion-dollar investment from a company linked to Qatar by making several statements supportive of the country. Menendez also allegedly exchanged text messages with the developer about the alleged scheme, the indictment said.

Menendez’s motion to dismiss the indictment comes a day after he forcefully denied the new allegations in remarks on the Senate floor Tuesday. He denied wrongdoing and called on his colleagues to give him the chance to explain himself in court.

In his almost 20-minute speech, Menendez slammed what he characterized as “sensational” allegations against him that have spurred a growing list of colleagues demanding his resignation.

“The United States Attorney’s Office is engaged not in a prosecution, but a persecution,” he said. “They seek a victory, not justice.”