New Jersey Sen. Bob Menendez is asking a judge to toss out much of the evidence in the prosecution against him, saying investigators illegally searched his residence to get back at him for defeating a prior prosecution
New Jersey Sen. Bob Menendez wants a New York judge to toss out much of the evidence in the bribery prosecution against him, saying investigators illegally searched his residence as revenge because the Democrat defeated a prior prosecution in his home state.
His arguments, delivered by his lawyers, were contained in papers filed late Monday in Manhattan federal court, where Menendez faces a May trial.
In 2017, a federal jury in New Jersey deadlocked on 18 criminal charges against Menendez and a wealthy Florida eye doctor accused of buying his influence with luxury vacations and campaign contributions. Prosecutors then dropped the case.
“The government’s apparent zeal to ‘get back’ at Senator Menendez for defeating its prior prosecution has overwhelmed its sound judgment,” his lawyers said. “The FBI ran roughshod over the Senator’s Fourth Amendment rights, and all evidence collected from those searches must therefore be suppressed.”
[…] Menendez’s lawyers asserted in their latest effort to find defects in the indictment against him that search warrants used to get judicial permission for the seizure of Menendez’s personal belongings “were riddled with material misrepresentations and omissions.”
Menendez’s lawyers said FBI agents ransacked the senator’s home during a June 16, 2022 raid, seizing “virtually anything of value.”
“Agents broke down doors (even, in some cases, where the doors were unlocked) and tore apart closets, wardrobes, dressers and other storage locations in the home, flipped over documents and rifled through file folders,” they wrote. “The FBI seized all manner of things, including the cash and gold bars that the government has made the centerpiece of its case.”
