WASHINGTON — If federal prosecutors pursue corruption charges against Sen. Bob Menendez, they will face a difficult — but not impossible — task in making their case.
Members of Congress accused of trading their official actions for personal gifts or campaign donations — as prosecutors are suggesting that the New Jersey Democrat might have done — can rely on several legal defenses to stave off a conviction, experts say.
A federal official said Friday that charges are expected to be filed against Menendez, whose relationship with donor Salomon Melgen has been under scrutiny for more than two years.
Remarks that Menendez made Friday, after news outlets reported on impending criminal charges, suggest he will stake out a defense.
In denying wrongdoing, Menendez took pains to explain his long-standing relationship with Melgen, an ophthalmologist who owns eye clinics in South Florida.
“We celebrate holidays together, have been there for family weddings and funerals, and have given each other birthday, holiday and wedding presents — just as friends do,” Menendez said.
To convict Menendez under relevant federal corruption laws, prosecutors would be tasked with proving that Menendez acted knowingly in return for personal gifts — such as flights on Melgen’s private jet and visits to his resort home in the Dominican Republic.
Melgen donated $700,000 to a super PAC supporting Menendez and other Democratic senators in 2012.
“When there’s lengthy friendship, that quid pro quo aspect dissipates,” said Michael Koenig, a former Justice Department prosecutor now in private practice as a white-collar criminal defender.
A lawyer for Menendez, Abbe Lowell, did not return a message seeking comment on his possible defenses.
