Sen. Menendez asks a federal judge again to dismiss corruption charges

U.S. Sen. Robert Menendez (D., N.J.) wants that dark cloud hanging over him — allegations that he accepted bribes from a wealthy Miami friend — to go away, instead of allowing a jury to decide his fate.

In court filings on Tuesday, attorneys for both men cited a 2016 U.S. Supreme Court decision and more recent lower court decisions in other cases, saying the charges should be dismissed because the legal scope of federal bribery has significantly narrowed.

The most recent decision came last week in an appellate ruling that reversed the corruption conviction of former New York Assembly Speaker Sheldon Silver. The panel of three judges concluded the jury was given instructions contrary to the high court's 2016 decision.

The panel also concluded that federal prosecutors had sufficient evidence to prove corruption and money laundering, remanding the case back to the lower court. Manhattan prosecutors have said they plan to retry Silver, according to the New York Times.

The Supreme Court case centered on the conduct of  former Virginia Gov. Robert McDonnell and his wife, Maureen, who were convicted in a corruption case alleging that they accepted gifts from a Virginia businessman who sought political favors.

In reversing the lower courts, the Supreme Court said, "There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns. It is instead with the broader legal implications of the government's boundless interpretation of the federal bribery statute."

In New Jersey, Melendez and Florida ophthalmologist Salomon Melgen, charged in the 2015 indictment, had previously requested a dismissal citing the McDonnell case. Their efforts in lower courts were unsuccessful, and the Supreme Court in March rejected a petition to take up the case.

It appeared to be the last blow to their hopes of having key evidence tossed and charges dismissed. It also cleared the way for the trial scheduled for September. It was unclear whether Tuesday's filing could delay those proceedings.

Among the charges, Menendez is accused of using his influence as a senator to set up meetings with government officials to help Melgen resolve a Medicare dispute and advance Melgen's financial interests.

According to the indictment, Menendez accepted lavish gifts from his friend, such as a Paris vacation that included a flight on a private jet and a stay in a posh hotel. The indictment also alleges that Menendez received large political donations from Melgen.

Melgen was convicted in April on multiple counts of Medicare fraud in Florida. That case is separate from the counts he faces in the Menendez indictment.

Both men have pleaded not guilty in the New Jersey case.

Calls to the offices of Menendez, Melgen, and the U.S. attorney for the District of Columbia were not returned.