A federal judge in New Jersey ruled Thursday that Senator Bob Menendez and his wife Nadine Menendez will face bribery charges in two separate trials; Nadine Menéndez’s trial will be postponed while she undergoes surgery to treat a health problem.
Senator Menendez’s trial will begin on May 6th as originally scheduled, and Nadine Menendez’s trial is tentatively set to begin on July 8th.
“This trial will proceed without Ms. Menendez,” U.S. District Judge Sidney Stein said, according to the Associated Press. “The government will have to try this case twice.”
Nadine Menendez’s attorneys said in a letter to U.S. District Judge Sidney Stein earlier this week that she suffers from a “serious medical condition that will require a surgical procedure within the next four to six weeks, as well as possibly significant follow-up and recovery treatment.” . ”
In a court filing, the government said it did not oppose the request and suggested the trial take place in July or August.
But prosecutors argued against splitting the case now because Nadine Menendez faces charges “on all counts with which Robert Menendez is charged” except one. Trying the case twice, they said, would result in inefficiencies, requiring them to “present the same or substantially the same case, in its entirety, a second time.” That would mean, they noted, picking a second jury, recalling “dozens of witnesses,” many of whom do not live in New York, and conducting “a virtually identical trial” that poses a “risk of unfairness or inconsistency.”
Senator Menéndez, his wife and three New Jersey businessmen were charged in a bribery scheme which alleges that Menendez and his wife accepted cash, gold bars and other gifts in exchange for business and legal favors. The two are accused of conspiring to use the senator’s power as head of the Senate Foreign Relations Committee to benefit the Egyptian and Qatari governments and help the businessmen accused of them.
The defendants pleaded not guilty.
Menéndez is also accused of working as an unregistered foreign agent. Menendez and his wife also face obstruction of justice and conspiracy to commit obstruction of justice charges.
Menendez has resisted calls to resign from the U.S. Senate, despite calls from some members of his own party, such as Senator John Fetterman of Pennsylvania.
Menéndez, 70 years old, has served in the Senate since 2006.
—Rob Legare and the Associated Press contributed to this report
Kathryn Watson
Kathryn Watson is a political reporter for CBS News Digital based in Washington, D.C.
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