Newark, New Jersey (CNN) Sen. Bob Menendez and a wealthy ophthalmologist rested their defense case Monday in their bribery trial after a federal judge rejected their lawyer's motion for a mistrial.

Judge William Walls denied the motion from the New Jersey Democrat and Dr. Salomon Melgen Monday morning.

"You're not getting it because there's not even palpable merit," said Walls, ruling from the bench and scolding the defense attorneys for what he called "silly" arguments.

The move means neither defendant will testify. The case could go to the jury later this week.

Defense attorneys cited a number of evidentiary rulings and comments from the judge that they believe have prejudiced the defense.

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