Lawyers for New Jersey Senator Menendez seek acquittal in bribery case – NBC New York

Lawyers for New Jersey Senator Bob Menendez filed a motion Monday to acquit their client in connection with the bribery case in which Menendez was found guilty last month.

“Senator Robert Menendez respectfully reiterates his motion for acquittal on all counts for failure to present sufficient evidence to meet the elements of each offense, or, in the alternative, for a retrial,” the motion states.

Among the arguments advanced by Menendez's attorney is that the court should overturn the bribery convictions because the prosecution failed to prove any element of the alleged quid pro quo, the government failed to prove venue on 16 counts, there was insufficient evidence to convict on the foreign agent count, and there was insufficient evidence to convict Menendez on the obstruction of justice count.

Menendez's co-defendants, Wael Hana and Fred Daibes, filed similar motions.

“This indictment against Senator Menendez was unprecedented in every way and has attracted a great deal of attention. If these convictions are upheld based on such surprisingly flimsy evidence, they become terrible, dangerous legislation. All of Senator Menendez's convictions must be overturned,” the motion states.

The 52-page document continued: “The government said it would prosecute Senator Menendez for his alleged collusion to sell official acts for bribes. Yet despite a 10-week trial, the government presented no actual evidence of such collusion, only speculation disguised as an inference. Worse, the government disregarded the Senator's constitutionally protected right of speech and debate to prove that he had taken any official act, when in reality the evidence showed that he had never abused the authority of his office to do anything against bribes.

Menendez is expected to resign by Tuesday evening, about a month after a jury found him guilty of federal bribery.

Menendez announced his resignation last month in a letter to Democratic Gov. Phil Murphy, who announced Friday that he would nominate a former top aide to succeed the three-term incumbent.

George Helmy will succeed Menendez until the results of the November Senate election are certified later this month, the governor said. At that point, Helmy will step down and he will nominate the winner of the election for the seat, Murphy said.

There is a lot at stake in the Senate election, with the Democrats holding a narrow majority. In the Democratic-leaning state of New Jersey, the Republicans have not won a Senate election in over five decades.

Democratic Representative Andy Kim and Republican hotel developer Curtis Bashaw face each other in the general election.

Helmy, 44, served as Murphy's chief of staff from 2019 to 2023 and currently works as an executive at one of the state's largest health care providers, RWJBarnabas Health. He previously served as state director for Sen. Cory Booker in the Senate.

Menendez, 70, was convicted of using his influence to interfere in three different state and federal investigations to protect the businessmen. Prosecutors said he helped a friend, who paid bribes, secure a multimillion-dollar deal with a Qatari investment fund and another secure a contract to religiously certify meat for Egypt.

He was also convicted of taking action against bribes that benefited the Egyptian government, including revealing details about the personnel at the U.S. Embassy in Cairo and ghostwriting a letter to fellow senators calling for the cancellation of military aid to Egypt. FBI agents also said they found several gold bars and $480,000 hidden in Menendez's home.

Menendez denied all allegations and told Murphy in a letter last month that he planned to appeal the verdict.

The resignation appears to mark the end of a nearly lifelong political career for Menendez, who was first elected to the local school board just a few years after graduating high school. He was also elected to the state legislature and Congress before moving to the Senate.

Menendez is the only U.S. senator to have been impeached twice.

In 2015, he was indicted for allowing a wealthy Florida eye doctor to buy his influence through luxury vacations and campaign contributions. After a jury failed to reach a unanimous verdict in 2017, federal prosecutors in New Jersey dropped the case rather than retry him.

He served in Congress as a Democrat but decided not to run in the primary this year because his court case was still pending. He had filed to run as an independent in the fall but withdrew his candidacy on Friday, according to a letter he sent to state election officials.