Prosecutors intend to retry Menendez on corruption charges

Federal prosecutors intend to retry U.S. Sen. Bob Menendez on corruption charges after a jury deadlocked on a verdict last year, according to a Friday court filing.

"The United States files this notice of intent to retry the defendants and requests that the court set the case for retrial at the earliest possible date," the notice to Judge William H. Walls said.

The filing to retry will most likely put significant pressure on Menendez, 64, in an election year when Democrats have a chance, however small, to retake the Senate. Menendez, D-Paramus, has not announced his re-election but was widely expected to run for another term.

“We regret that the DOJ, after spending millions and millions of taxpayer dollars, and failing to prove a single allegation in a court of law, has decided to double down on an unjust prosecution," an email release from Menendez's office said.

"Evidently, they did not hear the overwhelming voices of the New Jerseyans who served on the jury this fall. Senator Menendez fully intends to be vindicated — again.”

Menendez was defiant after the mistrial was declared in November and said he felt that it was a "pretty powerful message" that 10 of the 12 jurors thought he was not guilty.

"If you want to prosecute, bring it on,” he said in December. “You can have a hung jury that’s 10-2 against you and two people just couldn’t agree, but when it’s 10-2 for you — and it’s not just the numbers, it’s what they said about the government’s case — I believe that’s the end of it,” Menendez said, according to The Washington Post.

AFTER THE TRIAL: Dismissed juror says senator 'not guilty on all counts'

THE CASE: 6 weird things about the case against Sen. Bob Menendez

COLUMN: After a sigh of relief, an uncertain path to re-election for Menendez

Menendez and co-defendant Salomon Melgen, an eye doctor from Florida, were indicted in 2015 on 18 counts of bribery, corruption and fraud charges. Prosecutors alleged that Menendez, New Jersey's senior senator, traded his power for luxury trips and donations from Melgen.

But defense attorneys cast doubt on the prosecution's assertions throughout the 11-week trial, telling the jury that the two men had been friends for two decades and that the case was built on cherry-picked facts intended to portray a corrupt relationship.

The jury deliberated for several days before Walls declared a mistrial.

"The conduct alleged in the indictment is serious and warrants retrial before a jury of citizens in the District of New Jersey," Wyn Hornbuckle, a Department of Justice spokesman, said in a statement. "The decision to retry this case was made based on the facts and the law, following a careful review."

Prosecutors said in their filing that an "early retrial date is in the best interests of the public, and the United States is available to schedule a retrial at the Court’s earliest convenience."

The next step is for the judge to schedule a conference with attorneys on both sides to determine a date for retrial, said Robert Mintz, a former assistant U.S. attorney for New Jersey who is now a managing partner at Newark's McCarter & English law firm. He said it could take between eight months to a year before a second trial begins, but "it will absolutely be retried, it’s just a question of when," Mintz said.

The first trial lasted 11 weeks when it had been scheduled to last six to eight weeks. But the second trial may not be as long, Mintz said.

"With both the defense and the prosecution having now showed their hands in the first trial, we can expect the government to try to streamline their case and the defense to refocus their strategy to try to win over any holdout jurors," he said.

The Democratic establishment was in general agreement after the mistrial that the government would drop the case because of the lopsided number of jurors who said afterward they supported acquittal. But many had quietly expected that the Justice Department would seek retrial.

Now that the prospect is real, a whole new set of political worries come into play and could pose an early test for Democratic Gov. Phil Murphy, who took office Tuesday. He has the power to name a replacement should Menendez resign, but he may also have to decide whether to pressure Menendez to either leave or not seek re-election.

“I support Senator Menendez, and I believe he deserves the benefit that is the basis of our entire justice system: we are all innocent until proven otherwise. I won’t speculate past that," Murphy said in a statement.

Menendez’s trial could also harm other Democratic candidates below him on the ballot, especially Democratic Congressional candidates poised for competitive challenges to several Republican incumbents.

It also could complicate Senate Minority Leader Chuck Schumer’s aim to retake control of the Senate, a target that came within closer reach in December when Democrat Doug Jones defeated Republican Roy Moore in a special election in Alabama. Schumer may not want to spend money defending what was supposed to be a safe Democratic seat.

If party leaders do decide Menendez must step aside, it could lead either to his outright resignation — the route Sen. Al Franken of Minnesota chose in December, allowing the governor to name a Democratic replacement — or he could announce he would not run again, and remain in office as he tried to clear his name.

Jennifer Duffy, who tracks the U.S. Senate races for the Cook Political Report in Washington, said national Democrats may want a “clean slate before the campaign season heats up to avoid a primary.”

“Schumer may not be able to dissuade serious candidates who want to run,’’ she said.

But some Democrats argued that, despite the replay of a corruption trial, Menendez has enough advantages to hold his seat. For one thing, Democrats have an 840,000 advantage in registered voters over Republicans in New Jersey.

And so far, Republicans have yet to coalesce around a candidate.

Bob Hugin, executive chairman of Celgene Corp., is reportedly exploring a run against Menendez. Hugin, who supported Donald Trump in the 2016 presidential race, could potentially self-fund his campaign. Republicans haven’t won a U.S. Senate seat in New Jersey since 1972.

George Norcross, the powerful South Jersey Democrat whose brother Donald is a Congressman, threw his support behind Menendez on Friday, giving the Senator a significant ally.

“Senator Menendez has been a friend to South Jersey and the City of Camden, on everything from creating jobs and rebuilding communities to protecting our military bases and expanding access to quality health care," he said in a statement. "While today’s news is disappointing, I have been, am, and will continue to be supportive of him and the good work he’s done for our region.”

Bergen County Democratic chairman Lou Stellato said Menendez "has always had and will continue to have my unwavering support."

"Given the threats our communities face including an opioid epidemic, increased activity from hate groups and gangs, and the constant threat of terrorism, it seems like an abuse of Justice Department money and resources" to retry the case, Stellato said.

Bill Pascrell III, a Democratic Party operative and lobbyist, expressed confidence that “street fighter” Menendez would prevail. He said Menendez has built a reservoir of good will with voters and political capital within the party to sustain him, and he argued that voter anger over Trump’s agenda and behavior will “outweigh” any concerns about Menendez.

Voters, he said, will give Menendez “the benefit of the doubt in light of the broader context and concerns about President Trump."

Polls don't quite bear out that line of thinking. The most recent, from Rutgers-Eagleton, said that 49 percent of voters feel Menendez should resign and 51 percent think he does not deserve to be re-elected in 2018 should he decide to run again.

But Pascrell’s forecast is based on a trial being held relatively soon and that Menendez is acquitted or a trial ends like the first one.

If convicted, “that's a different story,’’ Pascrell said.