One month after a mistrial in his public corruption case, Sen. Bob Menendez said he expects the Justice Department to reach a decision “within the next 30 days” on whether they’ll retry him. If they don’t, he’ll take action.
The New Jersey Democrat said that under federal speedy-trial law, his lawyers have the ability to force a decision by presenting a motion, telling the DOJ: “Either prosecute or dismiss.”
“If you want to prosecute, bring it on,” Menendez said to a group of Latino reporters during an interview in his Capitol Hill office Thursday afternoon.
After a monthslong trial, jurors deadlocked for a second time in November, causing a mistrial. Jurors moved 10-2 to acquit Menendez and Salomen Melgen, the doctor on trial with him. Both were on trial for bribery. Prosecutors accused Menendez of lying on federal forms about his finances for not reporting gifts and flights paid for by Melgen, which were given in exchange for help from the senator on visas for Melgen’s girlfriends as well as assistance in a Medicare billing dispute and a port contract in the Dominican Republic.
But Menendez has “faith this is the end of it,” because jurors on the case reached a near acquittal and didn’t believe the “theory” presented by the government. Menendez has said failure to disclose any gifts from Melgen was an accident.
“They didn’t believe in the facts, they had some really harsh words for the government,” Menendez said. “You can have a hung jury that’s 10-2 against you and two people just couldn’t agree, but when it’s 10-2 for you — and it’s not just the numbers, it’s what they said about the government’s case — I believe that’s the end of it.”
In his immediate comments after the mistrial, Menendez warned the people he believed were trying to kill his political career. “For those who were digging my political grave so they could jump into my seat, I know who you are and I won’t forget it.’’
Pressed on who those people were, he said that quote has become a “job creator.” Digging a patch out of his travel bag, Menendez said his staff found a woman selling them at a craft fair in New Jersey. On it, read the now famous quote.
“When my staffer went to go buy one, there was a line and the lady told us she has sold 800 of these at $10 a piece,” he said.
Asked again who he was referring to, Menendez said, “I know who they are, they know who they are, and they know I know who they are — and that’s all that matters.”
If the Justice Department drops the charges against him, Menendez said he and Democratic leadership have an “understanding” that he will return to his spot as the top Democrat on the Senate Foreign Relations Committee.
“I have a commitment from the leadership — the leadership that exists today — that upon a successful conclusion that I will return,” he said, adding that it is not subject to a vote by the committee.
The office of Senate Minority Leader Chuck Schumer, D-N.Y., did not comment.
