Sen. Bob Menendez (D., N.J.) could be expelled from the Senate and convicted of a felony if the court finds he intentionally failed to disclose trips on a private jet, and a five star luxury hotel stay in Paris.
NJTV hosted a "Reporters Roundtable" Sunday focused on Menendez’ ongoing corruption trial. The Democratic senator is accused of conducting official favors in exchange for gifts from Dr. Salomon Melgen, a friend Menendez says he is very close with. In a separate trial, Melgen was previously convicted of fraud for improperly billing over $100 million in medicare insurance payments.
A central question in the case for prosecutors is why Menendez only disclosed some of the gifts he received from Melgen. Trial editor Tom Moran of The Star-Ledger said during Sunday's discussion that there is "no real excuse," according to defense lawyers he's spoken to.
"The more certain difficult part for Menendez is the disclosure. Aside from whether there was bribery in that quid pro quo, he’s charged with not disclosing these gifts," Moran said. "I’ve heard no scenario, having also talked to the defense lawyer – no real excuse for that. I think that’s where he's at greatest peril, and that sufficient to be expelled from the Senate."
"Reporters Roundtable" host Michael Hill then asked whether the evidence will be sufficient to convict the senator if prosecutors prove he failed to disclose gifts.
"Yes," Moran said. "If he's shown to have failed to disclose this, that’s a felony in itself."
Hill pushed back, saying Menendez' allies had told him prosecutors will have to show "intent to deceive," and that failing to "disclose the flights and the other gifts doesn’t show intent to deceive."
Moran rebutted the plausibility of such a notion.
"He disclosed some [gifts], but not others. How many people forget a private flight was given to you by a friend to a villa and weekends and a hotel in Paris?" He said. "It's not plausible; most attorneys – defense and prosecutors –that I’ve talked to about the case say ‘that's where he's most vulnerable.’"
Many of Menendez' Democratic colleges have avoided answering if they will stand by him during the trial if he is convicted. Sen. Joe Manchin (D., W.Va.) said he will deal with whatever the verdict is, refusing to denounce the corruption should the senator be convicted.
Sen. Cory Booker (D., N.J.) has shown support for Menendez throughout the corruption trial. Booker has called him a "champion," and showed his support by sitting in the front row in court on the first day of the trial. Booker has gone as far to say that if Menendez is found guilty, there are going to be "serious appeals."
"If he's proven guilty, I think there's going to be some serious appeals because I think there are some fundamental constitutional questions that I've never seen in a case like this," Booker said.