Sen. Bob Menendez speaks during a news conference, Friday, July 1, in Hoboken, N.J. | AP Photo Court rejects Sen. Robert Menendez's attempt to get corruption case thrown out

In a long-awaited decision, Democratic Sen. Robert Menendez (N.J.) failed in a bid to have the bribery and corruption case against him thrown out. A federal appeals court in Philadelphia has let stand the charges against him, rejecting his claims that his constitutional protections as a senator were violated.

The ruling is a serious blow to Menendez, who was hoping to have all or most of the case against him thrown out. Menendez will now ask for the full Third Circuit to consider his case, with an eye toward a possible attempt to take the issue to the Supreme Court.


"Today's ruling by the Third Circuit Court of Appeals is just another step in the legal process that, at the end of the day, will show that Sen. Menendez has always acted in accordance with the law," said Abbe Lowell, Menendez's attorney, in a statement.

"We intend to appeal to the full Third Circuit Court of Appeals for review and, if necessary, raise these issues before the U.S. Supreme Court, which is supposed to resolve constitutional questions between the executive and legislative branches," Lowell continued. "In addition, the Supreme Court's recent decision in the Governor McDonnell case also raises equally important issues with this case that were not examined here and also will now have to be addressed. Once all the facts are heard, the senator remains confident that he will be vindicated."

Menendez was indicted in April 2015 for allegedly accepting hundreds of thousands of dollars in improper gifts and campaign contributions as bribes in exchange for using his office to help Dr. Salomon Melgen, a Florida ophthalmologist and longtime friend and financial backer. Melgen has also been indicted and is awaiting trial.

According to the indictment, Menendez received nearly $1 million worth of gifts and campaign contributions from Melgen. In turn, Menendez allegedly intervened on Melgen’s behalf in a multimillion-dollar billing dispute with the Centers for Medicare & Medicaid Services and attempted to enforce a $500 million port security contract with the Dominican Republic, as well as obtaining visa applications for several of Melgen’s girlfriends.

While the ruling leaves Menendez facing the grim prospect of a trial on 12 felony charges, it does leave open the possibility for the New Jersey Democrat to try to defend himself at trial using many of the same arguments presented to the appeals court. The judges said Menendez is free to argue that the actions the Justice Department alleges he took on behalf of Melgen were in fact genuine expressions of legislative interest in the policies of the executive branch, rather than mere favors for a generous donor and loyal political supporter.

Menendez argued that under the Speech or Debate clause — a constitutional privilege that shields lawmakers and staff from legal action over legitimate legislative activities — he could not be charged with improperly aiding Melgen. He asked the U.S. Court of Appeals for the Third Circuit to overrule a lower court, which had let the Justice Department's case against him move forward.

But the appeals court flatly rejected Menendez's position.

“Senator Menendez’s selective reading of the materials in the record does not persuade us that the District Court clearly erred in its findings of fact or that it incorrectly applied any law. That reading may prevail at trial, but at this stage we affirm in all respects,” Judge Thomas Ambro wrote, in an opinion joined by Judges Anthony Scirica and Kent Jordan.

Menendez's attorneys also argued that the New Jersey Democrat had never mentioned Melgen’s name during an August 2012 meeting with then Health and Human Services Secretary Kathleen Sebelius and Marilyn Tavenner, then the acting head of CMS.

Sebelius and Tavenner were summoned to Capitol Hill for a private meeting with Menendez in the office of Sen. Harry Reid (D-Nev.), then the Senate majority leader. According to Sebelius, the topic of the meeting was a dispute between CMS and Melgen. CMS claimed Melgen had overbilled the government for millions of dollars, which Melgen fought.

The three-judge panel said it was clear that Menendez clearly was trying to aid Melgen during the Aug. 2012 meeting despite never referring directly to him.

"Evidence is plentiful that to most of those involved the focal point of the meetings with Executive Branch officials was Dr. Melgen," said today's opinion. "That Senator Menendez framed those meetings using the language of policy does not entitle them unvaryingly to Speech or Debate protection. Rather, for every mention of policy concerns there is substantial record support for the District Court’s findings that those concerns were instead attempts to help Dr. Melgen. The evidence in favor of Senator Menendez will no doubt channel forcefully his position at trial, where the burden will be on the Government to convince jurors to find in its favor beyond a reasonable doubt. But at this stage the burden is on Senator Menendez. It was not clear error for the District Court to find that the Senator acted primarily for Dr. Melgen."

Some experts believe that the Supreme Court’s decision last month overturning the corruption convictions of former Virginia Gov. Bob McDonnell could bolster Menendez’s defense, at least to a degree, because the high court held that certain favors for donors like arranging a meeting could not be the basis for a criminal charge.

However, the appeals court’s opinion was limited to the Speech or Debate issue and did not even mention the McDonnell ruling. It will fall to the trial judge in the case to figure out how that decision may limit the government’s case.

Ambro was appointed by President Bill Clinton, Scirica by President Ronald Reagan and Jordan by President George W. Bush.

Menendez has raised millions of dollars for his legal defense fund to cover is attorney fees in this case. His allies, especially among Republicans, suggest Menendez was indicted because he has been a vocal opponent of the Obama administration policies on Iran and Cuba, although Menendez himself has not made that claim.

