conv.

All stories
PoliticsQuiet 5d · day 5

Appeals judges seem open to overturning Bob Menendez's bribery conviction

A Second Circuit panel questioned prosecutors on the Constitution's speech-or-debate clause during oral arguments over the former senator's appeal.

newest coverage 4d agosummary written 4d ago4 pieces1 likes & upvotes NewswiresMastodon

What to know

  • Menendez, serving an 11-year sentence for bribery and corruption, is appealing to the Second Circuit on speech-or-debate clause grounds.
  • His lawyer argues prosecutors put legislative activity itself on trial rather than proving a corrupt quid pro quo through non-legislative evidence.
  • Menendez separately argues prosecutors improperly gave jurors unredacted evidence on a laptop meant to contain only redacted material.
  • Politico reported the three-judge panel appeared open to arguments favoring Menendez, though the government maintains the conviction rests on overwhelming evidence.

“Prosecutors must attempt to prove them solely through evidence that the legislator entered a corrupt quid pro quo agreement for official action. They must not put legislative activity itself on trial. That, however, is exactly what prosecutors here did for two of the schemes.”

Bob Menendez, Former senator, appellant · Courthouse News ↗ · Sep 23

Bob Menendez Former New Jersey senator, appellantNoel Francisco Menendez's appellate attorney, Jones DayPaul Monteleoni Assistant U.S. AttorneyBarrington Parker U.S. Circuit Judge, Second Circuit panel

Appeals judges seem open to overturning Bob Menendez's bribery conviction
Courthouse News

How it unfolded 1 development · click the chart to see its coverage articlesposts

Peak 2 pieces in two hours at Sep 24, 11 AM; 4 pieces over 5 days (3 articles · 1 post) Sep 24, 11 AM — 2 pieces · 2 articles — Newswires 2Sep 24, 1 PM — 1 piece · 1 post — Mastodon 1Sep 24, 3 PM — 1 piece · 1 article — Newswires 1Sep 24, 5 PM — quietSep 24, 7 PM — quietSep 24, 9 PM — quietSep 24, 11 PM — quietSep 25, 1 AM — quietSep 25, 3 AM — quietSep 25, 5 AM — quietSep 25, 7 AM — quietSep 25, 9 AM — quietSep 25, 11 AM — quietSep 25, 1 PM — quietSep 25, 3 PM — quietSep 25, 5 PM — quietSep 25, 7 PM — quietSep 25, 9 PM — quietSep 25, 11 PM — quietSep 26, 1 AM — quietSep 26, 3 AM — quietSep 26, 5 AM — quietSep 26, 7 AM — quietSep 26, 9 AM — quietSep 26, 11 AM — quietSep 26, 1 PM — quietSep 26, 3 PM — quietSep 26, 5 PM — quietSep 26, 7 PM — quietSep 26, 9 PM — quietSep 26, 11 PM — quietSep 27, 1 AM — quietSep 27, 3 AM — quietSep 27, 5 AM — quietSep 27, 7 AM — quietSep 27, 9 AM — quietSep 27, 11 AM — quietSep 27, 1 PM — quietSep 27, 3 PM — quietSep 27, 5 PM — quietSep 27, 7 PM — quietSep 27, 9 PM — quietSep 27, 11 PM — quietYesterday, 1 AM — quietYesterday, 3 AM — quietYesterday, 5 AM — quietYesterday, 7 AM — quietYesterday, 9 AM — quietYesterday, 11 AM — quietYesterday, 1 PM — quietYesterday, 3 PM — quietYesterday, 5 PM — quietYesterday, 7 PM — quietYesterday, 9 PM — quietYesterday, 11 PM — quietToday, 1 AM — quietToday, 3 AM — quiet 1
Sep 25Sep 26Sep 27yesterdaynow · 5:35 AM ET
  1. 1

    Appeals panel appears skeptical of the conviction, Politico reports

    Politico characterized the three-judge Second Circuit panel as open to arguments that Menendez's actions were protected legislative activity, based on their questioning during the hearing.

    1. 2 outlets Ex-Senator Menendez seeks Second Circuit rescue from bribery conviction

      first by Courthouse News, 4d ago · also Courthouse News Service

    2. 1 outlet first by Politico, 4d ago · read ↗

  2. background

    Prosecutors urge court to uphold conviction as based on 'overwhelming evidence' — Assistant U.S. Attorney Paul Monteleoni, who tried the original case, told the panel the trial fully complied with the speech-or-debate clause and cited Marbury v. Madison, prompting pushback from Judge Barrington Parker.

  3. background

    Menendez argues before Second Circuit that prosecutors violated speech-or-debate clause — At oral arguments in Manhattan, Menendez's attorney Noel Francisco argued prosecutors improperly put legislative activity on trial and that Menendez must have used his office to threaten or coerce another official to be guilty, citing precedent from the Sheldon Silver case.

  4. background

    Menendez is convicted on bribery and corruption charges — A jury convicted the 72-year-old former New Jersey senator of accepting cash and gold bribes in exchange for using his legislative influence to interfere in criminal investigations protecting indicted businessmen.