The Supreme Court declined to throw out bribery and corruption charges against Sen. Bob Menendez, which he has pled not guilty to. | Getty Supreme Court refuses to dismiss Menendez corruption charges

The Supreme Court has rejected Sen. Bob Menendez's attempt to throw out the bribery and corruption charges against him, setting the stage for a trial for the New Jersey Democrat this fall.

With Monday's announcement, Menendez can no longer block the proceedings against him from moving forward, a major setback for his efforts to avoid criminal trial.


Abbe Lowell, Menendez's lead defense attorney, said the Supreme Court's decision not to hear the appeal was "disappointing," but still said Menendez will be "vindicated when all the facts are heard at trial."

"It's disappointing that the Supreme Court did not take this opportunity to set a clear, bright line of the separation of powers to ensure that Congress remains an independent and co-equal branch of government, free of interference and retribution from the executive as the Framers intended," Lowell said in a statement. "While the senator always understood it is rare that the Supreme Court hears any case before trial, given the gravity of the Constitutional issues raised, he believed it was important to try."

Lowell added: "As the senator has been saying for more than four years since the government began chasing these wild allegations, he has always acted in accordance with the law. Sen. Menendez remains confident that he will be vindicated when all the facts are heard at trial."

Menendez's defense team had filed an appeal to the Supreme Court in December, seeking a hearing on its argument that the Justice Department violated the senator's constitutional privilege under the Speech or Debate Clause, which shields lawmakers and aides from legal action for legitimate legislative activities. The Third Circuit Court of Appeals had ruled against Menendez.

After a long-running criminal probe, Menendez was indicted by the Justice Department in April 2015 on 14 felony counts related to favors allegedly done in exchange for gifts and political contributions made by Dr. Salomon Melgen, a longtime friend and campaign donor.

Federal prosecutors claim Menendez or his staff intervened with federal agencies on Melgen's behalf to resolve a multi-million dollar billing dispute over Medicare charges, to maintain a $500 million port security contract with the Dominican Republic and to obtain U.S. visas for Melgen's girlfriends. Melgen has also been indicted in this matter.

Menendez pled not guilty in the case and has argued that his actions were routine constituent services or did not directly involve Melgen.

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Menendez's attorneys have also argued that the New Jersey Democrat 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 the Center for Medicare and Medicaid Services.

Sebelius and Tavenner were summoned to Capitol Hill for a private meeting with Menendez in the office of Sen. Harry Reid (D-Nev.), who at that time was 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.

