Prosecutors allege that Bob Menendez did political favors for Florida eye doctor Salomon Melgen, his friend, in exchange for lavish vacations, private jet flights and campaign contributions. | Getty Judge won't dismiss Menendez charges before trial

A federal judge on Wednesday rejected a last-ditch attempt by Sen. Robert Menendez (D-N.J.) to avoid trial on corruption charges.

U.S. District Court Judge William H. Walls did not rule on the merits of Menendez’s argument that the U.S. Supreme Court’s decision to toss former Virginia Gov. Bob McDonnell’s corruption conviction should invalidate his own indictment.


But Walls said that should be determined at Menendez’s trial, which is scheduled to start Sept. 6.

“Whether the acts alleged in the Superseding Indictment satisfy the definition of an ‘official act’ under McDonnell is a factual determination that cannot be resolved before the Government has the opportunity to present evidence at trial,” Walls wrote. “Under McDonnell, evidence of non-official acts may still be relevant evidence in the prosecution of a federal bribery claim.”

Menendez’s attorneys argued in court papers last month that the government’s indictment relies on a flawed “stream of benefits theory” that the Supreme Court rejected when it overturned the conviction of McDonnell, who had been found guilty of doing favors for a wealthy businessman who showered him and his wife with gifts.

Prosecutors allege that Menendez did political favors for Florida eye doctor Salomon Melgen, his friend, in exchange for lavish vacations, private jet flights and campaign contributions.

Among the charges is that Menendez met with then-Health and Human Services Secretary Kathleen Sebelius to argue that the federal government was being unfair to Melgen, who was involved in a multimillion-dollar billing dispute with the Centers for Medicare and Medicaid Services, prosecutors allege. Melgen was found guilty in April of Medicare fraud and potentially faces 20 years in prison.

The senator also allegedly pressed U.S. officials to pressure the Dominican Republic to honor a port security contract that would have benefited a company Melgen owned, and interceded with officials to get visas for then-married Melgen’s foreign girlfriends.

Walls in his order wrote that the charges against Menendez “are not legally deficient to prevent their going to a jury.”