For the first time in 36 years, a sitting U.S. Senator is facing a federal bribery trial. The trial of New Jersey Senator Robert Menendez begins today in a Newark courtroom.
The prosecution will need to show that this case is different than the McDonnell case. In McDonnell, the Supreme Court unanimously threw out the conviction of the former Virginia governor, holding that the meaning of "official act" does not include merely setting up a
meeting, calling another public official, or hosting an event.
Menendez went far beyond that, doing numerous favors for his friend and benefactor, a wealthy Florida eye surgeon. Members of Congress have for many years been little more than administrative aides, constantly doing favors for their constituents, and constantly having to engage in fund-raising activities to finance their next campaign. The Menendez case should help to draw the line between which activities are normal and legal, and which cross the line and become bribery. Stay tuned.
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