The Menendez Defense Transcends Iran or New Jersey

[Geee]

Commentary Magazine:

For critics of President Obama’s appeasement of Iran’s nuclear program, the federal indictment of Senator Robert Menendez on corruption charges earlier this year seemed highly suspicious. In a single stroke, the Justice Department silenced the most vocal Democratic opponent of the president’s foreign policy as well as forcing him to step down as ranking member of the Senate Foreign Relations Committee. But though the takedown of Menendez served the administration’s interests, the investigation into his dealings with Doctor Salomon Melgen, a friend and wealthy contributor, predated the debate about the Iran deal or even the senator’s public feud with the White House over its attempts to spike sanctions on the Islamist state. While Menendez’s fans stood by him, most of the country considered the case as just one more example of the sleazy political culture that has long prevailed in New Jersey. But Menendez’s response to the indictment in court on Monday raises some interesting issues that transcend his own fate. Though corruption in New Jersey politics seems unremarkable the decision of the Justice Department to treat routine constituent service that is not, in and of itself, illegal as subject to prosecution, can be seen as an attempt to subvert the separation of powers as well as to call into question the right of citizens to contribute to political campaigns.

 

The prosecution of Menendez hinges on the senator’s intervention with the government to ease the way for Melgen to receive reimbursements from Medicare as well as his efforts to support a port security deal from which the doctor would profit. Neither of those actions is per se illegal. But the indictment considers them to be payment in exchange for Melgen’s $600,000 contribution to a pro-Menendez political action committee even though they have no smoking gun document or evidence proving that this was a quid pro quo agreement.

Is it reasonable to assume that such a large gift meant that Menendez was more inclined to assist Melgen in his dealings with the government than he might otherwise be? Sure. But it is one thing for something to look fishy. It is quite another for the government to destroy the career of a prominent senator on such an assumption. After all, if the same standard were applied to the actions of the Hillary Clinton State Department with regard to the interests of donors to the Clinton Family Foundation, the former First Lady would be in the dock with Menendez and not be the presumptive Democratic candidate for president in 2016.