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Menendez says claims against him involve 'neither official action nor breach of official duty' – New Jersey Monitor

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Menendez says claims against him involve 'neither official action nor breach of official duty' – New Jersey Monitor


Sen. Bob Menendez asked a federal judge Wednesday to dismiss charges that claim he accepted bribes in exchange for official favors to three North Jersey businessmen and two foreign nations, arguing many of the charges fail to meet a constitutional test that bars prosecutions for members of Congress over official actions.

In the new court filing, Menendez, a Democrat, argues prosecutors relied on certain actions the U.S. Constitution bars for prosecutorial use. He leans on a 2016 U.S. Supreme Court decision in McDonnell v. United States that sharply limited the scope of the federal bribery statute by narrowing the definition of “official act” to exclude meetings, event hosting, and calls to other public officials.

The senator faces a raft of corruption charges, including conspiracies to commit bribery, honest services fraud, and extortion under the color of official right. He is also accused of acting as a foreign agent for Egypt and Qatar, charges that are unprecedented for a sitting member of Congress.

In legal terms, this scheme has no quo.

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– Sen. Menendez’s Jan. 10 motion to dismiss

Prosecutors allege Menendez received cash, gold bars, furniture, a Mercedes Benz, and payments to a consulting firm launched by Nadine Menendez — the senator’s wife and co-defendant — in exchange for his intercession in criminal prosecutions, military aid disbursements, and international negotiations, among other things.

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In his motion to dismiss the case, the senator argues he could not face bribery charges over the alleged schemes because of the Constitution’s speech or debate clause.

“To be clear, no Member of Congress is above the law—Senator Menendez included. The government is free to prosecute a Member of Congress for agreeing to exchange legislative action for personal benefits, so long as it does not cast aspersions on (or reference) any legislative acts themselves,” the filing reads. “But here, the Indictment does not try to walk that line; it flouts it entirely.”

The filing says the actions that prosecutors allege Menendez took as part of the schemes — like calls to prosecutors or urgings that federal agencies intervene in negotiations between Egypt, Sudan, and Ethiopia — also would not sustain a bribery prosecution because such unofficial actions would not meet the bar for a quid pro quo set by federal bribery law.

Menendez, who joined the U.S. Senate in 2006 and whose term ends next year, has said he will not resign. He has not announced a campaign for reelection yet, though four Democrats, including Rep. Andy Kim and First Lady Tammy Murphy, are seeking the Democratic nomination for his seat in June.

His trial is set to begin in May, just as voters are receiving mail-in ballots for June’s primary.

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Among the allegations facing Menendez are claims that he sought to interfere in the state prosecution of a relative and associate of co-defendant Jose Uribe. In Wednesday’s motion, Menendez argues he cannot face bribery charges over this claim because, as a federal lawmaker, he has no official authority over state matters, and because he did not leverage the powers of his office — by stalling grant funds, for example — in his discussions with a senior state prosecutor overseeing the case.

“Ultimately, the New Jersey Scheme rests on activities that any private citizen could equally undertake,” the senator’s filing says. “That is a telling sign that it involves neither official action nor breach of official duty. In legal terms, this scheme has no quo.”

Prosecutors’ allegations regarding Menendez’s actions in relation to Egypt and Qatar are some of their most eye-popping. They say Menendez issued favorable statements about Qatar to help co-defendant Fred Daibes secure a development deal with a member of Qatar’s royal family, and that he shared sensitive but unclassified information with Egypt about staffing at the U.S. Embassy in Cairo, another other claims.

In a speech on the floor of the Senate Tuesday, Menendez prosecutors in his case are attempting to criminalize “the normal engagement of members of Congress with a foreign government.” He made similar arguments in his Wednesday filing.

“It takes little imagination to see what winds the government is sowing,” the senator’s filing says. “Suppose a senator comes back from Israel and says he will support whatever aid Prime Minister [Benjamin] Netanyahu seeks. When he does so, is that at the ‘order’ or ‘request’ of a foreign power? Does it matter whether he would vote that way anyway? Is this really a question for a jury at trial?”

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The filing says Menendez will unveil more details in future documents submitted to the court by Jan. 15.

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New Jersey

New Jersey to Use AI to Score Standardized Writing Tests

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New Jersey to Use AI to Score Standardized Writing Tests


(TNS) — Artificial intelligence will be used to score most of the writing New Jersey students do on the new statewide standardized tests set to debut this spring, state education officials said.

The AI system will be used to grade student essays and short answers on the English Language Arts section of the statewide exams, according to a state-approved testing proposal. The “artificial intelligence” will be trained using scores generated by human scorers on practice tests that were given to students in October and November.

New Jersey is debuting a new type of state tests — called the New Jersey Student Learning Assessments-Adaptive — this spring. It will be given to students in grades 3 through 10 to test their knowledge of English, math and science.


There will also be a new version of the state’s high school exit exam for high school juniors, now called the New Jersey Graduation Proficiency Assessment-Adaptive.

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Like the previous version of the test, known as the NJSLA, the exams will be given via computer. But the new version will be “adaptive,” meaning students will get different questions based on their previous answers on the exam — a practice that is supposed to make scoring the tests more precise.

The AI system will be used to score the essays and written questions, but there will still be some human scorers, state Department of Education Spokesperson Michael Yaple said.

If a student’s written response is identified as “unusual” or “borderline” it will be “flagged for human review,” Yaple said.

“The system regularly conducts quality assurance checks to ensure that the scores assigned by the automated scoring engine match human scores through strict quality controls,” he added.

Cambium, the company overseeing the new tests, does not use generative AI — the version of artificial intelligence used in ChatGPT-type platforms that can create something new and are known to sometimes hallucinate false or inaccurate information, Yaple said.

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Instead, the automated scoring system will have strict parameters “with proven consistency, and human scoring remains the foundation of the process, validating accuracy at multiple checkpoints throughout the scoring workflow,” state education officials said in a statement.

Computerized scoring of New Jersey’s state tests is nothing new. Last year, about 90 percent of student essays on the NJSLA and the state high school exit exams were scored solely by an automated scoring system, Yaple said.

But some educators have concerns about the extensive use of AI to grade the new version of the tests that will eventually be taken by nearly all of New Jersey’s 1.3 million public school students.

Using a version of AI to score student writing is risky, said Steve Beatty, president of the New Jersey Education Association, the state’s largest teachers union.

He said he would hate to see “some student fail on a computer-graded test only to find out later on that there was some sort of error.”

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The NJEA is against high stakes testing in general, Beatty said. But if the tests are going to continue “then we want trained educators — humans — doing” the scoring.

If a student fails the AI-scored sections of the exams, there should be a plan to have the writing reassessed by a human, he said.

“They should go back to a person to be verified,” Beatty said.

NEW TESTING CONTRACT

New Jersey students will begin taking the new NJSLA-Adaptive exams during a month-long testing window between April 27 and May 29. The tests are usually given over several consecutive days.

The testing window for the new NJGPA-Adaptive high school exit exam for high school juniors will be from March 16 to April 1, according to a state Department of Education testing schedule.

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The new statewide NJSLA and NJGPA tests were developed by Cambium Assessment, a company that won a $58.7 million, two-year contract with the state.

According to the Cambium proposal, Measurement Incorporated, a company located in Durham, North Carolina, will be responsible for providing and training the people who will do the human “handscoring” when AI-generated essay and written response scores are flagged for review.

In its proposal to the state, Cambium said the company assumes “25 percent of the overall responses will be routed for trained handscoring.”

New Jersey officials said AI was not used to create test items on the new version of the tests and artificial intelligence will not be used to determine which questions students see on the adaptive assessments.

Jeffrey Hauger, who served as director of assessments for the state Department of Education from 2010 to 2018, said New Jersey has a long history of using computers to help score the written portion of state tests. He later worked as an adviser to Pearson, the company that previously had the contract to provide the state NJSLA tests.

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Around 2016, Hauger said the state started implementing a system that used one human and one automated scorer to assess each piece of student writing.

If a large discrepancy between the two scores was found, the essay would be read by a second human, he said.

“It was a tool for efficiency, but the human was always involved throughout the process back then,” Hauger said.

AI scoring is now more sophisticated, he said.

“Technology has improved. And so, it’s not as big of a leap now as maybe people think it is,” Hauger said.

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During Gov. Phil Murphy’s time in office, the department started relying more on automated scoring and moving away from having each piece of writing evaluated by both a machine and a human, he said.

FLAGGING PROBLEMS

AI scoring has been controversial in other states.

In Massachusetts, AI grading errors were blamed for 1,400 incorrect scores on the state’s Massachusetts Comprehensive Assessment System, known as the MCAS, last year.

In Texas, several districts questioned whether AI grading was fair on its statewide tests in recent years.

The Dallas Independent School District has challenged thousands of AI generated essay scores on Texas’ statewide STAAR standardized tests over the past two years.

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Cambium and Pearson, the companies involved in New Jersey’s testing, both contributed to Texas’ standardized testing system.

In 2024, the Dallas school district asked the state to rescore 4,600 tests, sending them to the state to be rescored by humans.

About 44 percent of the rescored tests came back with higher scores after a human read them, said Jacob Cortez, Dallas’ assistant superintendent in charge of evaluation and assessment.

The district also sent thousands of AI-scored tests for rescoring last year and nearly 40 percent came back with higher scores from humans, the district said.

The accuracy rate for the AI-scored third grade tests was the most troubling, with 85 percent of those sent back showing an improved score when humans read the students’ work.

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“That is not okay,” Cortez said.

The Dallas school district, which serves about 139,000 students, limited the number of tests it sent back for rescoring because it had to pay $50 for each test that did not receive an improved score, local officials said.

Cambium officials did not respond to requests for comment about the Dallas accuracy issues or the company’s AI scoring practices.

New Jersey officials declined to comment on questions about AI scoring accuracy in other states.

“New Jersey cannot comment on another state’s assessment and scoring process,” Yaple said.

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Lily Laux, New Jersey’s new commissioner of education, also did not respond to a request to comment. In her previous job as Texas’ deputy commissioner of school programs, she helped design the state’s standardized testing system, according to her LinkedIn profile.

The problems with AI scoring in Dallas raise questions about the system, said Scott Marion, principal learning associate at the Center for Assessment, a nonprofit, nonpartisan consulting firm.

“Is it not being trained well? Is it not being trained on a diverse enough population?” Marion asked.

AI scoring makes financial sense but states also need to be careful not to overly rely on it, he said. He’s comfortable with about 80 percent AI-scored writing because systems still need human backups.

“We’ve been doing this for so long,” he said referring to the use of AI to score student writing.

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Many students, teachers and parents may be surprised to know how much of writing in school is already scored by AI, education advocates said.

Many “parents have no idea this is a thing,” said Julie Borst, executive director of community organizing for Save Our Schools New Jersey, a statewide advocacy group.

She is concerned that students with unique writing styles might end up with lower scores on tests because AI is looking for specific words and phrases or a standard number of sentences for top scores.

Borst, whose organization has long-opposed high stakes standardized testing, said in the end, it will still be up to teachers to know where students are doing well and where they are struggling.

“The teacher is going to know where those weaknesses are. They’re going to know where those strengths lie,” she said. “You cannot tell that — at the student level — from a standardized test.”

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©2026 Advance Local Media LLC. Distributed by Tribune Content Agency, LLC.





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NJ’s new budget is coming. How will state finances affect your taxes?

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NJ’s new budget is coming. How will state finances affect your taxes?



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Gov. Mikie Sherrill is set to present her first state budget proposal in a Tuesday, March 10, address to the New Jersey Legislature. It’s clear the proposal will make some hard choices as state finances face major headwinds.

Late last month, Sherrill said her budget plan will include some “tough choices” because of the looming uncertainty of a structural deficit for state finances.

The governor explained that if projections stay on the current path, the state would have a structural deficit of about $3 billion by the end of June, when her proposed budget would be in the final stages of negotiations with the Legislature.

Uncertainty due to federal funding cuts, along with the end of pandemic relief funding, has already forced Sherrill to consider all of her options when crafting her plan for New Jersey’s fiscal year 2027.

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The governor wouldn’t give particulars about what to expect in her upcoming fiscal plan but instead said she is “setting the table so people can anticipate that this is going to be a tough budget season.”

What does a structural deficit mean for New Jersey taxpayers?

A structural deficit, simply put, means New Jersey spends more than it earns.

Among the costliest tax relief programs in the state’s history, Stay NJ was introduced legislatively in the run-up to the fiscal year 2024 budget and received funding for three years without paying anything out.

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The first Stay NJ checks are being sent out to qualifying New Jersey seniors, but the accumulated $1.2 billion covers only the first six months of the program for this year. Roughly $900 million will need to be added to the line item in Sherrill’s first fiscal plan to maintain the program.

The law that created Stay NJ requires full pension payments, full school funding payments and a surplus of at least 12% to be built into the budget as prerequisites for funding the program. The surplus was not 12% when the budget was signed during the last two years, but budget language allowed for a work-around.

Sherrill would not commit to requiring the prerequisites before she would be willing to sign a budget bill in late June.

Increasing costs for the State Health Benefits Program, which is already a contentious topic, could also be a concern for the new governor, as payments are about $2 billion annually and the 10% increase needed in this year’s budget added more than $180 million.

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How does New Jersey’s budget process work?

New Jersey’s $58.8 billion budget for fiscal year 2026 is the largest in history and is set to expire at the end of June.

The plan for fiscal year 2027 — which will run from July 1, 2026, through June 30, 2027 — is a major factor in how New Jersey state government will function by dictating which state departments and programs are funded.

After Sherrill’s address in March, her proposed spending and revenue plan will be analyzed and shaped in the Legislature through the spring. Negotiations will heat up as the current fiscal year winds to a close in June. If the budget cycle is normal, a final budget bill will land on Sherrill’s desk hours before the current fiscal year ends at 11:59 p.m. on June 30.

Though it would be unlikely — given Democratic control of both chambers of the Legislature and the governor’s office — in the event the budget bill does not get signed, state government shuts down. There have been two shutdowns in state history: for 10 days in 2006 and three days in 2017.

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com

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New Jersey

Woman fatally struck by NJ Transit train in Ramsey

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Woman fatally struck by NJ Transit train in Ramsey


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A woman was fatally struck by a train in Ramsey on the morning of March 8.

The unidentified woman was hit by the train at 10:49 a.m., just west of the Main Street crossing near the main Ramsey station, said John Chartier, director of media relations for NJ Transit.

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Rail service was suspended in both directions between Allendale and Port Jervis but has since resumed, with delays of up to 30 minutes.

The train came from Port Jervis and was heading to Hoboken, and 150 people were on board at the time, Chartier said.

NJ Transit police are leading the investigation. No additional information about the circumstances of the death was available.



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