New Jersey

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

Published

6 months ago

January 10, 2024

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.

– 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.

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.

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?”

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

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New Jersey

NJ Trump Golf liquor licenses not renewed after probe into post-conviction eligibility

Published

1 hour ago

July 1, 2024

Press Room

NJ Trump Golf liquor licenses not renewed after probe into post-conviction eligibility

New Jersey officials have not renewed liquor licenses at two Trump Golf courses after after a probe into whether the former president’s New York felony conviction disqualifies him from holding one.

The New Jersey Office of the Attorney General said Friday the licenses Trump National Golf Club Colts Neck and Trump National Golf Club – Bedminster expired Sunday; the New Jersey Division of Alcoholic Beverage Control issued interim permits to allow the facilities to continue serving alcohol until a hearing on the renewals, scheduled for later this month after Donald Trump’s criminal sentencing.

New Jersey state law says those convicted of a crime “involving moral turpitude” may not hold a liquor license. The Trump Organization did not immediately respond to USA TODAY’s request for comment Monday, but previously said the former president is not the license holder.

But the ABC’s review “indicates that (Trump) maintains a direct beneficial interest in the three liquor licenses through the receipt of revenues and profits from them, as the sole beneficiary of the Donald J. Trump Revocable Trust,” a New Jersey AG’s office spokesperson said.

More: Biden and Trump debating on age, mental fitness spirals into golf challenge

What was Trump convicted of?

Trump was found guilty of 34 counts of falsifying business records in a New York criminal court.

The jury found Trump authorized a plan to reimburse former lawyer Michael Cohen for $130,000 in hush money issued to porn star Stormy Daniels and spread the payments across 2017 disguised as legal expenses.

Cohen previously pleaded guilty to violating campaign finance laws for the payment to Daniels, which was issued ahead of the 2016 election to keep her quiet about a sexual encounter with Trump that allegedly happened a decade earlier.

Trump denies Daniels’ story and is expected to appeal the conviction. His sentencing is scheduled for July 11.

NJ liquor law requires ‘reputable character’ and bars ‘moral turpitude’

New Jersey liquor law states that “no license of any class shall be issued to any person under the age of 18 years or to any person who has been convicted of a crime involving moral turpitude.”

Other potentially applicable legal guidance comes from ABC Bulletins and case law.

“A person must have a reputable character and would be expected to operate the licensed business in a reputable manner. This discretionary concept acknowledges the issuing agency’s authority to consider prior disorderly persons offenses, (or) known organized crime history… when assessing whether to issue/renew a license application.” according to a bulletin previously shared by the AG spokesperson.

Before former President Trump was sworn into office in 2017, Trump filed an ownership change at the Trump National Golf Club – Bedminster, the Courier News and Home News Tribune, part of the USA TODAY Network, reported at the time.

The ownership change, including some complicated corporations and limited liability companies, reflected his broader strategy of moving most of his business interests under Donald J. Trump Revocable Trust and appointing his son, Donald Trump Jr., as the trustee.

A third Trump Golf course, Trump National Golf Club Philadelphia, was included in the initial probe into liquor license eligibility, but the New Jersey AG’s office said their license was renewed on June 3.

A final judgement on whether Trump’s criminal conviction disqualifies the businesses from holding liquor licenses will be issued after his sentencing, according to the New Jersey AG spokesperson. At the hearing scheduled for July 19, the burden of proof is on the applicants to show they remain qualified for the license.

Contributing: Nick Muscavage, Courier News and Home News Tribune

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New Jersey

5 New Restaurants That Opened In North Jersey In June 2024

Published

8 hours ago

July 1, 2024

Press Room

5 New Restaurants That Opened In North Jersey In June 2024

NORTH JERSEY, NJ — Summer has arrived — time to get out and eat outdoors. If you’re interested in trying a new downtown or a new kind of cuisine, there are plenty of options in the region. Here are five restaurants that opened in North Jersey — or unveiled something special — in the last month.

Poké Bowl Hillsborough

Poké Bowl Hillsborough opened on June 21. It offers a variety of poké including build-your-own poké bowls, poké salads, and sushi burritos. Signature bowls, signature burritos, boba teas, brewed teas, and yogurt drinks are also offered. It’s located at 601 Route 206 in Hillsborough. Find out more here.

The Game Bar, East Rutherford

The Game Bar, a new gastro pub, held its soft opening last week as part of Hasbro’s new “Gameroom” in American Dream. The attraction at the retail/entertainment complex has interactive versions of board games, from Trivial Pursuit to Simon. Its restaurant, the Game Bar, is decorated with Scrabble decor and serves up sliders, fries, and other appetizers and dishes. Find out more here (scroll down).

Paris Baguette, Hoboken

It’s got unique pastries, freshly packaged coffee, sandwiches, salads, breads, cakes — and lots of space to work. The newest Paris Baguette opened in Hoboken this month, across from Elysian Park, where “On The Waterfront” was filmed decades ago. Back in 2022, the cafe chain pledged to open 40 new stores around the country by year’s end. Paris Baguette is located at 1000 Maxwell Lane, with an entrance on Sinatra Drive. Find out more here.

Bagels By Jarrett, West Orange

Bagels By Jarrett in West Orange isn’t new, but it unveiled something different last month — five-dollar price cuts on several dishes, part of a national trend of offering affordable meals with sensible portions. The meals are not $5 each, but they are discounted. “Everything I’ve always done has been crazy, so why not lower prices to make more money?” said owner Jarrett Seltzer. Read more here.

Candy Land Shake Bar, East Rutherford

While we’re talking about the new Gameroom by Hasbro, located in American Dream, let’s talk dessert. Besides the gastropub offering food and drinks, the attraction also has a Candy Land Shake Bar serving up classic and crafted shakes. You can grab a cookies and cream, vanilla, chocolate, strawberry, or even blueberry shake for $10. But if you want something really special, try a “Crafted Shake” for $18, ranging from the Princess Lolli with strawberry syrup, a block of cheesecake, and sprinkles, to Sloppy Gloppy with brownie chunks, marshmallows, crushed Oreo, and more. Read all about it here. The American Dream is the retail/entertainment complex on Route 3 in East Rutherford.

Are you opening a new restaurant in North Jersey? Let Patch know so we can tell our readers (it’s news, not an ad, so it’s free). Email us here.

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New Jersey

Live N.J. power outage tracker: Strong thunderstorms, fierce winds cut power to thousands of homes

Published

15 hours ago

June 30, 2024

Press Room

Live N.J. power outage tracker: Strong thunderstorms, fierce winds cut power to thousands of homes

Strong thunderstorms that have pelted parts of New Jersey with heavy rain and strong winds have knocked out power to thousands of homes and businesses across the state, with forecasters calling for a threat of additional thunderstorms popping up through late Sunday night.

NJ.com’s Power Outage Tracker, which monitors outage numbers from utility companies in the region, showed about 12,000 homes and businesses in New Jersey without power as of 6 p.m. Sunday.

Forecasters from the National Weather Service had predicted a cold front would move across New Jersey on Sunday, interacting with hot and humid air, which could trigger intense thunderstorms with damaging winds as strong as 60 mph.

Eighteen of the state’s 21 counties are under a severe thunderstorm watch until 7 p.m. Sunday, and three counties — Atlantic, Cape May and Cumberland — are under a severe thunderstorm watch through 11 p.m. Sunday. Several thunderstorm warnings and flash flood warnings have also been posted.

Forecasters say they can’t rule out the possibility of an isolated tornado forming during the intense thunderstorms because of the high humidity and wind shear in the atmosphere.

On Wednesday night, New Jersey was rocked by strong thunderstorms that toppled trees and snapped power lines in numerous towns and cities, knocking out power to more than 100,000 homes and businesses across the state.

Those storms turned out to be deadly, with a large tree falling on a 30-year-old man in East Orange, killing him, according to local police.