Will the Speech and Debate Clause Save Gold Bar Bob?

Menendez’s attorneys are arguing that some of the most damning evidence against him cannot be shown to jurors without violating lawmakers’ constitutional “speech or debate” privileges. Now prosecutors worry a pending ruling by Judge Sidney Stein could create a class of “super citizens” in Congress who are above the law.

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Stein is considering whether jurors can see text messages and phone records that prosecutors say will show Egyptian officials were “frantic about not getting their money’s worth” and Menendez’s wife boasted about her husband’s influence over arms sales.

The constitutional fight has been brewing for months and will come up again and again during Menendez’s trial, which started last week and is expected to last through June.


Ed Morrissey

Perhaps I'm missing something, but how would the Speech and Debate Clause shield text messages from Egyptian officials? The Constitution protects speech and debate by members of Congres, and even then only when Congress is in session. 

Besides, the elements of bribery don't necessarily include execution of the quid pro quo. If Menendez took assets of value in exchange for promises of corrupt action, that's all that prosecutors would need to prove the charge. The alleged promises went farther than just setting up meetings, as in the case of Bob McDonnell. If prosecutors can prove that through non-privileged communications, I fail to see how the Speech and Debate clause matters all that much. 

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