New Jersey
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 fines Sen. Wimberly $24K after use of donations for hotels, airfare
2-minute read
NJ fines Sen. Wimberly $24K after using donations on hotels, airfare
Wimberly has been fined about $24,000 by New Jersey’s Election Law Enforcement Commission, partly for spending campaign funds on his own personal use.
PATERSON — In a three-month span at the end of 2022, state Sen. Benjie Wimberly, then an assemblyman, spent more than $7,200 in political donations on hotel bills, airfare and other travel expenses.
Now, Wimberly has been fined about $24,000 by New Jersey’s Election Law Enforcement Commission, partly for spending campaign funds on his own personal use.
The ELEC complaint against Wimberly had been pending since December 2024, and a settlement between the state and the senator was reached at the end of May 2026. ELEC made details of the deal public on July 1.
“Senator Wimberly chose to settle the matter with ELEC because his priority is addressing the immediate and important needs of his district,” said his attorney, Angelo Genova, a prominent and well-connected lawyer in New Jersey political circles.
Story continues below photo gallery.
“As expressly stated in the Consent Order and Final Decision, Senator Wimberly and his treasurer neither admit nor deny the violations, and they maintain their good-faith belief that the disputed expenditures were permissible under the law,” Genova added.
Wimberly’s campaign treasurer, David Cozart, works as an assistant superintendent for Paterson Public Schools, with a $213,000 salary. Wimberly also works for the city school district as director of recreation, with a $194,000 salary.
The commission determined that 19 of Wimberly’s expenditures at the end of 2022, when he was still an Assembly member, were for impermissible uses. The order said $10,861 of the fine stemmed from Wimberly’s improper use of political funds. The rest of the penalty was for late filing of a finance report that covered October through December of 2022.
Among the expenditures highlighted by ELEC were:
- $645 to the Hilton Garden Inn Lodge Colonial on Oct. 11, 2022.
- $751 to the Embassy Suites Hampton on Oct. 25, 2022.
- $497 to the Landing at Hampton on Nov. 8, 2022.
- $322 to the Hilton Garden Inn on Dec. 6, 2022.
- $378 to the Omni Hotels on Dec. 14, 2022.
The ELEC complaint did not provide specific locations of those businesses.
Partial payment of $4,000 in April
The order said Wimberly and Cozart made a partial payment of $4,000 in April 2026. The election commission also reduced the penalty, lowering it to $15,335.
Going forward, Cozart and Wimberly would make four payments of $3,833.99 through April 2027, the order said.
Wimberly supporters noted that the original complaint filed against him came at the end of 2024, when he was still an Assembly member making a bid for the vacant New Jersey 35th District Senate seat left vacant when Nellie Pou went to Congress.
Wimberly sought the Senate seat even though several Passaic County Democratic party leaders were backing then-Assemblywoman Shavonda Sumter for the Senate. After the initial tally ended in a tie, Wimberly won the internal party election by one vote over Sumter.
New Jersey
Heat wave to bring near 100 degree weather. When does NJ heat wave start
Governor Mikie Sherrill at BJ’s Wholesale Club in Ocean Township after collapse
New Jersey Governor Mikie Sherrill meets with first responders before a press conference at BJ’s Wholesale Club in Ocean Township.
Last week wasn’t a great one when it comes to weather at the Jersey Shore.
This one will be much better, at least if you like heat.
A heat wave will hit New Jersey this week with hot weather moving into the area on Tuesday. The warm temperatures will stick around for most of the week before we get a little relief by the end of the weekend.
The National Weather Service forecasts the heat wave to start July 14 with a sunny day with highs around 92 degrees. Wednesday is even hotter with temperatures expected to flirt with 100 degrees. Thursday stays hot with a high of 92 degrees forecasted, with Friday and Saturday also expected to see highs in the low 80s.
According to the NOAA, Wednesday the Jersey Shore area will be under an extreme heat watch.
Tuesday through Friday are expected to be sunny, with some clouds. Saturday is when showers roll in.
Sunday the heatwave is expected to break. Showers are also expected to stick around with a high of 84 degrees expected.
New Jersey
New NJ businesses include non-alcoholic liquor store, art school
2-minute read
Paper Plane Coffee adding a new Maplewood NJ location
Paper Plane Coffee, the popular Montclair spot, will open a Maplewood location.
The Record, NorthJersey.com, the Daily Record and the New Jersey Herald want to keep you up to date on all the newest shops, restaurants and service providers moving into your towns. Below is a roundup of businesses that recently opened or are coming soon.
Are you opening a business in North Jersey? Get the word out to your neighbors as soon as possible. Send us your information and photos and we will try to add them to our next new-business roundup.
We’re also interested in reporting business closings. Have a tip? Contact Business Reporter Daniel Munoz at munozd@northjersey.com, or 201-270-9870, and Stephanie Noda at noda@northjersey.com, or 973-558-0950.
Story continues below photo gallery
Cre8sArt School, Westwood
Arts education classes for students of all ages and levels, including year-round classes, camps, workshops and portfolio development programs.
WHERE: 24 Booker St., Westwood
WHEN: Grand opening was June 14. Hours are 3 p.m. to 8 p.m. Monday through Friday and 10 a.m. to 4 p.m. Saturday.
FOR MORE INFORMATION: Call 888-371-9904 or visit https://cre8sart.com/
Point 5 Jersey, Morristown
Liquor store dedicated to non-alcoholic drinks, from mixers to specialty beverages.
WHERE: 48 Washington St., Morristown
WHEN: Grand opening was June 17.
FOR MORE INFORMATION: Call 862-286-0555, email point5jersey@gmail.com or visit www.point5jersey.com
Daniel Munoz covers business, consumer affairs, labor and the economy for NorthJersey.com and The Record.
Email: munozd@northjersey.com; Twitter:@danielmunoz100, Facebook and Instagram
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