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Appeals court refuses to toss charges against Bob Menendez – Caso Aplicable a Mil Anaudices

07/30/2016 | Filed under: Campaña | Posted by: Francisco
  • Story highlights

    • Menendez’s bid to have the bribery and corruption case against him thrown out failed
    • A Philadelphia federal appeals court has allowed charges against him to stand

    Washington (CNN)A federal appeals court has dismissed Sen. Robert Menendez’s bid to have the bribery and corruption case against him thrown out.

    The federal court in Philadelphia has allowed charges against the New Jersey Democrat to stand, dismissing claims that Menendez’s constitutional protections as a senator were violated, according to court documents filed Friday.

    We “take seriously the sentiments and concerns of the Supreme Court that Members (of Congress) are not to be ‘super-citizens’ immune from criminal liability or process,” the court concluded Friday in its decision. “Senator Menendez’s selective reading of the materials in the record does not persuade us that the District Court clearly erred in its findings of fact or that it incorrectly applied any law. That reading may prevail at trial, but at this stage we affirm in all respects.”

    stano-corruption

    El Presidente de la Cámara Jaime Perelló es el más inepto, menos preparado, vago, ineficiente, improductivo, servil y ahora el más corrupto que ha tenido Puerto Rico en su Historia. La Corrupción de AGP/PPD es generalizada, institucionalizada e impune, ganándole a la de RHC, Sila y AAV.

    CNN has reached out to Menendez’s lawyers and have yet to get a response.
    Menendez has maintained his innocence and pledged to fight federal corruption charges brought against him, which he said were politically motivated and “intended to silence me.”
    “I have always conducted myself in accordance with the law. I have always stood up for what I believe is right. I fight for issues I believe in the people I represent and the safety and security of this country every single day,” he said at an August 2015 press conference. “That’s who I am and I am proud of what I have accomplished and I am not going anywhere.”
    Menendez was indicted nearly a year ago on corruption charges for allegedly using his Senate office to push the business interests of a friend and donor in exchange for gifts, according to the Justice Department.
    The senator has fought off investigations for years after lengthy pursuits from federal prosecutors and the FBI. The corruption case was brought by the Justice Department’s public integrity unit.
    RELATED: Menendez claims innocence after indictment
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    • DECISION CASO: http://cases.justia.com/federal/appellate-courts/ca3/15-3459/15-3459-2016-07-29.pdf?ts=1469811605

      Appeals court refuses to toss charges against Bob Menendez

      Menendez.jpg
      File photo of Sen. Robert Menendez, D-N.J. (AP Photo | Julio Cortez, File)
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      The Associated PressBy The Associated Press
      on July 29, 2016 at 10:57 AM, updated July 29, 2016 at 1:33 PM

      PHILADELPHIA — A federal appeals court on Friday refused to dismiss corruption charges against U.S. Sen. Bob Menendez of New Jersey.

      The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against arguments from the indicted Democrat’s attorneys that charges he accepted gifts in exchange for political influence should be tossed because of a constitutional clause that protects the actions of sitting lawmakers.

      The three-judge panel found the dispute is something that needs to be decided in his trial. Menendez’s lawyer, Abbe Lowell, said he would appeal.

      Menendez’s team argued in February that the senator’s meetings with government officials were held to discuss policy matters, not to benefit a wealthy friend. Prosecutors allege the friend, Florida ophthalmologist Salomon Melgen, plied Menendez with gifts and campaign donations in exchange for political influence.

      Both men have pleaded not guilty to bribery and fraud charges.

      Menendez’s attorney in February had hammered at a lower court judge’s ruling not to dismiss charges against Menendez by claiming the judge erred in looking at Menendez’s purported motives for meetings he set up with several government officials.

      The appeals court panel disagreed and said that “the acts alleged in this case were essentially lobbying on behalf of a particular party and thus, under the specific circumstances here, are outside the constitutional safe harbor.”

      How a jury places Menendez’s actions in the context of the Constitution’s “speech or debate” clause will play a significant role in whether he is convicted on any of the dozen counts against him.

      The clause dates to the 1780s and was written into the Constitution to fortify the of powers between the three branches of government and protect members of Congress from having their legislative acts subjected to scrutiny by the other two branches.

      The lawyer said the lower court’s focus should instead have been on the “content of the contact,” or what happened in the meetings, which he said showed Menendez discussed port security and Medicare policy issues that were part of his legislative duties.

      In a prepared statement, Lowell said Menendez was disappointed by the panel’s ruling, but remained confident he would be vindicated. He said Menendez will ask the full Third Circuit to review the decision and if necessary, appeal to the U.S. Supreme Court.

      A recent decision by the Supreme Court throwing out a corruption conviction against former Virginia Gov. Bob McDonnell also will weigh on the case, Lowell said. McDonnell’s conviction was thrown out last month by the high court, which found that arranging meetings and talking to other officials on behalf of a patron don’t constitute “official acts” as defined in anti-corruption laws.

      That ruling, Lowell noted, was not the law of the land while the appeals court considered Menendez’s case and will now have to be taken into consideration.

      Staff writer Tim Darragh contributed to this story. 

       

      Sen. Bob Menendez speaks during a news conference, Friday, July 1, in Hoboken, N.J.

      Sen. Bob Menendez speaks during a news conference, Friday, July 1, in Hoboken, N.J. | AP PhotoSen. Bob Menendez speaks during a news conference, Friday, July 1, in Hoboken, N.J.
      Court rejects Sen. Robert Menendez’s attempt to get corruption case thrown out
      By JOHN BRESNAHAN and JOSH GERSTEIN 07/29/16 09:47 AM EDT Updated 07/29/16 01:13 PM EDT
      Share on Facebook Share on Twitter
      In a long-awaited decision, Democratic Sen. Robert Menendez (N.J.) failed in a bid to have the bribery and corruption case against him thrown out. A federal appeals court in Philadelphia has let stand the charges against him, rejecting his claims that his constitutional protections as a senator were violated.
      The ruling is a serious blow to Menendez, who was hoping to have all or most of the case against him thrown out. Menendez will now ask for the full Third Circuit to consider his case, with an eye toward a possible attempt to take the issue to the Supreme Court.
      Story Continued Below

      “Today’s ruling by the Third Circuit Court of Appeals is just another step in the legal process that, at the end of the day, will show that Sen. Menendez has always acted in accordance with the law,” said Abbe Lowell, Menendez’s attorney, in a statement.
      “We intend to appeal to the full Third Circuit Court of Appeals for review and, if necessary, raise these issues before the U.S. Supreme Court, which is supposed to resolve constitutional questions between the executive and legislative branches,” Lowell continued. “In addition, the Supreme Court’s recent decision in the Governor McDonnell case also raises equally important issues with this case that were not examined here and also will now have to be addressed. Once all the facts are heard, the senator remains confident that he will be vindicated.”
      Menendez was indicted in April 2015 for allegedly accepting hundreds of thousands of dollars in improper gifts and campaign contributions as bribes in exchange for using his office to help Dr. Salomon Melgen, a Florida ophthalmologist and longtime friend and financial backer. Melgen has also been indicted and is awaiting trial.
      According to the indictment, Menendez received nearly $1 million worth of gifts and campaign contributions from Melgen. In turn, Menendez allegedly intervened on Melgen’s behalf in a multimillion-dollar billing dispute with the Centers for Medicare & Medicaid Services and attempted to enforce a $500 million port security contract with the Dominican Republic, as well as obtaining visa applications for several of Melgen’s girlfriends.
      While the ruling leaves Menendez facing the grim prospect of a trial on 12 felony charges, it does leave open the possibility for the New Jersey Democrat to try to defend himself at trial using many of the same arguments presented to the appeals court. The judges said Menendez is free to argue that the actions the Justice Department alleges he took on behalf of Melgen were in fact genuine expressions of legislative interest in the policies of the executive branch, rather than mere favors for a generous donor and loyal political supporter.
      Menendez argued that under the Speech or Debate clause — a constitutional privilege that shields lawmakers and staff from legal action over legitimate legislative activities — he could not be charged with improperly aiding Melgen. He asked the U.S. Court of Appeals for the Third Circuit to overrule a lower court, which had let the Justice Department’s case against him move forward.
      But the appeals court flatly rejected Menendez’s position.
      “Senator Menendez’s selective reading of the materials in the record does not persuade us that the District Court clearly erred in its findings of fact or that it incorrectly applied any law. That reading may prevail at trial, but at this stage we affirm in all respects,” Judge Thomas Ambro wrote, in an opinion joined by Judges Anthony Scirica and Kent Jordan.
      Menendez’s attorneys also argued that the New Jersey Democrat had 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 CMS.
      Sebelius and Tavenner were summoned to Capitol Hill for a private meeting with Menendez in the office of Sen. Harry Reid (D-Nev.), then 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.
      The three-judge panel said it was clear that Menendez clearly was trying to aid Melgen during the Aug. 2012 meeting despite never referring directly to him.
      “Evidence is plentiful that to most of those involved the focal point of the meetings with Executive Branch officials was Dr. Melgen,” said today’s opinion. “That Senator Menendez framed those meetings using the language of policy does not entitle them unvaryingly to Speech or Debate protection. Rather, for every mention of policy concerns there is substantial record support for the District Court’s findings that those concerns were instead attempts to help Dr. Melgen. The evidence in favor of Senator Menendez will no doubt channel forcefully his position at trial, where the burden will be on the Government to convince jurors to find in its favor beyond a reasonable doubt. But at this stage the burden is on Senator Menendez. It was not clear error for the District Court to find that the Senator acted primarily for Dr. Melgen.”
      Some experts believe that the Supreme Court’s decision last month overturning the corruption convictions of former Virginia Gov. Bob McDonnell could bolster Menendez’s defense, at least to a degree, because the high court held that certain favors for donors like arranging a meeting could not be the basis for a criminal charge.
      However, the appeals court’s opinion was limited to the Speech or Debate issue and did not even mention the McDonnell ruling. It will fall to the trial judge in the case to figure out how that decision may limit the government’s case.
      Ambro was appointed by President Bill Clinton, Scirica by President Ronald Reagan and Jordan by President George W. Bush.
      Menendez has raised millions of dollars for his legal defense fund to cover is attorney fees in this case. His allies, especially among Republicans, suggest Menendez was indicted because he has been a vocal opponent of the Obama administration policies on Iran and Cuba, although Menendez himself has not made that claim.
      Share on Facebook Share on Twitter
      Authors:

      John Bresnahan jbresnahan@politico.com
      Josh Gerstein jgerstein@politico.com @joshgerstein
      This story tagged under:

      Courts Bob Menendez Robert Menendez Court

      Read more: http://www.politico.com/story/2016/07/court-rejects-sen-robert-menendezs-attempt-to-get-corruption-case-thrown-out-226422#ixzz4Fugz2Ud6
      Follow us: @politico on Twitter | Politico on Facebook

    Menendez claims innocence after indictment

    By Evan Perez and Shimon Prokupecz, CNN

    Updated 1856 GMT (0256 HKT) April 2, 2015

    live menendez indicted_00002703.jpg

    Sen. Menendez indicted on corruption charges

    erin sot bash robert menendez justice department criminal charges_00011609.jpg

    Sen. Menendez responds to looming criminal charges

    FBI agents carry out boxes as law enforcement officials investigate the medical-office complex of Dr. Salomon Melgen who has possible ties to U.S. Sen. Bob Menendez (D-NJ) on January 30, 2013 in West Palm Beach, Florida. The agents arrived last night at the medical-office complex and started hauling away potential evidence in several vans.

    Feds preparing corruption charges against Democrat sen.

    US Senator Robert Menendez, D-NJ, speaks as he introduces Defense Department general counsel Jeh Johnson to the Senate Homeland Security and Governmental Affairs Committee for Johnson's nomination to be Homeland Security secretary in the Dirksen Senate Office Building on November 13, 2013 in Washington, DC. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)

    Feds prepare corruption charges against Sen. Menendez

    Sen. Menendez: The truth will come out in court

    sot senator robert menendez indicted_00011418.jpg

    Now Playing

    Sen. Menendez: ‘I am ready to fight’

    tsr live perez robert menendez indicted_00012008.jpg

    Menendez indicted, temporarily quits Senate cmte. post

    live menendez indicted_00002703.jpg

    Sen. Menendez indicted on corruption charges

    erin sot bash robert menendez justice department criminal charges_00011609.jpg

    Sen. Menendez responds to looming criminal charges

    FBI agents carry out boxes as law enforcement officials investigate the medical-office complex of Dr. Salomon Melgen who has possible ties to U.S. Sen. Bob Menendez (D-NJ) on January 30, 2013 in West Palm Beach, Florida. The agents arrived last night at the medical-office complex and started hauling away potential evidence in several vans.

    Feds preparing corruption charges against Democrat sen.

    US Senator Robert Menendez, D-NJ, speaks as he introduces Defense Department general counsel Jeh Johnson to the Senate Homeland Security and Governmental Affairs Committee for Johnson's nomination to be Homeland Security secretary in the Dirksen Senate Office Building on November 13, 2013 in Washington, DC. AFP PHOTO/Mandel NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)

    Feds prepare corruption charges against Sen. Menendez

    Sen. Menendez: The truth will come out in court

    sot senator robert menendez indicted_00011418.jpg

    Sen. Menendez: ‘I am ready to fight’

    tsr live perez robert menendez indicted_00012008.jpg

    Menendez indicted, temporarily quits Senate cmte. post

    live menendez indicted_00002703.jpg

    Sen. Menendez indicted on corruption charges

    Washington (CNN)A defiant Sen. Robert Menendez asserted his innocence and pledged to fight federal corruption charges brought against him Wednesday, which he said were politically motivated and “intended to silence me.”

    “I have always conducted myself in accordance with the law. I have always stood up for what I believe is right. I fight for issues I believe in the people I represent and the safety and security of this country every single day. That’s who I am and I am proud of what I have accomplished and I am not going anywhere,” he said during a press conference Wednesday evening.
    Federal prosecutors indicted the New Jersey Democrat on corruption charges on Wednesday for allegedly using his Senate office to push the business interests of a friend and donor in exchange for gifts, according to the Justice Department.
    The case, brought by the Justice Department’s public integrity unit, sets up a high-stakes battle between a New Jersey senator who has fought off investigations for years, and federal prosecutors and the FBI who have spent years pursuing him.
    In a video to supporters posted Thursday on YouTube, Menendez called that three-year inquiry and his indictment a failure of justice, but said he took it as an opportunity.
    “That failure affords me the opportunity to finally show beyond a doubt that the charges leveled today and through a nearly 3 year campaign of innuendo and smears are completely false,” he said in the video.
    Menendez conceded in the Thursday video that “today is a difficult day,” but said he is “strengthened by the unwavering support of so many people across New Jersey and across the usual partisan lines.”
    Menendez agreed to temporarily step aside as top Democrat on the Senate Foreign Relations Committee, according to a Senate Democratic aide.
    But he pledged to remain in office on Wednesday, and said that he began his career fighting corruption and “this is not how my career is going to end.”
    “I’m angry and ready to fight because today contradicts my public service career and my entire life,” Menendez said.
    He charged that prosecutors “don’t know the difference between friendship and corruption and have chosen to twist my duties as a senator and my friendship into something that is improper.”
    “They are dead wrong.”
    Feds preparing corruption charges against Democrat sen.
    Feds preparing corruption charges against Democrat sen. 01:55
    READ: Menendez says he’s ‘not going anywhere’
    “Robert Menendez, a U.S. senator, and Dr. Salomon Melgen, a Florida ophthalmologist, were indicted today in connection with a bribery scheme in which Menendez allegedly accepted gifts from Melgen in exchange for using the power of his Senate office to benefit Melgen’s financial and personal interests,” said Peter Carr, a Justice Department spokesman, in a statement.
    The two were indicted in the district of New Jersey for one count of conspiracy, one count of violating the travel act, eight counts of bribery and three counts of honest services fraud; Menendez was also charged with one count of making false statements, according to Carr’s statement.
    SEE: The full Menendez indictment
    Federal officials and Menendez’s attorneys had discussed plans for the New Jersey Democrat to turn himself in before a planned court hearing on Thursday, according to people briefed on the case.
    Menendez has not turned himself in yet, according to Steven Sandberg, his press secretary, and he does not know if he will do so Wednesday night or Thursday morning.
    The government’s case, as first reported by CNN last month, centers on Menendez’s relationship with Melgen, who the senator has called a friend and political supporter. Melgen and his family have been generous donors to the senator and various committees the senator is associated with.
    Investigators have focused in part on plane trips Menendez took in 2010 to the Dominican Republic as a guest of Melgen. In 2013, after word of the federal investigation became public, Menendez paid back Melgen $58,000 for the 2010 plane trips calling his failure to properly disclose the flights an “oversight.”
    “Government corruption — at any level of elected office — corrodes the public trust and weakens our democratic system,” said Assistant Attorney General Caldwell.
    Richard Frankel, who head the FBI’s New Jersey office, said: “The citizens of New Jersey have the right to demand honest, unbiased service and representation from their elected officials at all levels of government. The charges and activity alleged in this indictment are another example of the FBI’s commitment to aggressively and tenaciously pursue public corruption in the state of New Jersey.”
    Menendez has said he’s innocent, noting that he has been friends with Melgen for more than 20 years and that the two families have spent holidays and other special occasions together.
    After CNN reported on the pending charges, Menendez told reporters that he has “always conducted myself appropriately and in accordance with the law. And I am not going anywhere.”
    One of the highest-ranking Hispanic members of Congress, Menendez is a former chairman of the Senate Foreign Relations Committee. He has become one of the Obama administration’s most vocal Democratic opponents on two key foreign policy matters — President Barack Obama’s decision to ease the trade embargo against Cuba and also his effort to engage direct negotiations with Iran over that country’s nuclear program.
    Prosecutors were under pressure in part because of the statute of limitation on some of the allegations. Attorney General Eric Holder signed off on the plan to bring charges and had expected to be gone by the time they were announced. However, an unrelated political fight over abortion in the Senate has stalled the nomination of Holder’s successor, Brooklyn U.S. Attorney Loretta Lynch.
    This is the first indictment of a sitting senator since the prosecution of Ted Stevens, whose conviction the Justice Department tossed out because of prosecutor misconduct in the case.
    It poses a high-profile test of the Justice Department’s ability to prosecute sitting lawmakers, having already spawned a legal battle between prosecutors and Menendez’s attorneys over whether key evidence the government has gathered is protected by the Constitution’s Speech and Debate clause.
    Photos: Politicians in hot water
    In 2012, former Illinois Gov. Rod Blagojevich was sentenced to 14 years in prison after being convicted of 18 criminal counts, including trying to sell the appointment to fill the U.S. Senate seat vacated by Barack Obama.
    Hide Caption
    7 of 12
    Photos: Politicians in hot water
    Lewis “Scooter” Libby, former chief of staff for Vice President Dick Cheney, was convicted in 2007 of obstructinU.S. Rep. Chaka Fattah <a href="http://www.cnn.com/2016/06/21/politics/chaka-fattah-found-guilty-corruption/index.html" target="_blank">was convicted</a> on federal corruption charges on Tuesday, June 21. The Philadelphia Democrat was tied to a host of campaign finance schemes, according to the Department of Justice.g a federal investigation into who revealed the identity of CIA agent Valerie Plame Wilson. He was sentenced to 30 months in prison and fined $250,000, but former President George W. Bush commuted his sentence.
    Hide CaptionFormer U.S. Rep. Randy "Duke" Cunningham, R-California, was sentenced to eight years in prison in 2006 after he was convicted of collecting $2.4 million in homes, yachts, antique furnishings and other bribes on a scale unparalleled in the history of Congress.
    Photos: Politicians in hot water
    Former U.S. Rep. Randy “Duke” Cunningham, R-California, was sentenced to eight years in prison in 2006 after he was convicted of collecting $2.4 million in homes, yachts, antique furnishings and other bribes on a scale unparalleled in the history of Congress.
    Hide Caption
    12 of 12
    Photos: Politicians in hot water
    U.S. Rep. Chaka Fattah was convicted on federal corruption charges on Tuesday, June 21. The Philadelphia Democrat was tied to a host of campaign finance schemes, according to the Department of Justice.

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Para trabajar por la Estadidad: https://estado51prusa.com Seminarios-pnp.com https://twitter.com/EstadoPRUSA https://www.facebook.com/EstadoPRUSA/