Breaking Down the Menendez Indictment with Dan Richman
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 31 October 2023
⏱️ 52 minutes
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Summary
It’s been a rough few months for Senator Bob Menendez. The powerful New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme under which, according to prosecutors, Menendez carried out favors for the government of Egypt.
But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the Supreme Court—in particular, the 2016 case McDonnell v. United States—make prosecuting such corruption cases significantly more difficult. Lawfare recently published an article about the potential impact of McDonnell on the Menendez case by Daniel Richman, the Paul J. Kellner Professor of Law at Columbia Law School. Lawfare Senior Editor Quinta Jurecic sat down with Dan to discuss McDonnell, the charges against Menendez, and, of course, the photographs of gold bars allegedly given to Menendez that federal prosecutors included in the indictment.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair, that's patreon.com slash |
| 0:16.9 | LawFair. Also check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. Since McDonald, the second circuit has sort of restricted that |
| 0:38.7 | analysis a little, but it still has an analysis that says McDonald is satisfied if up front even |
| 0:48.7 | though a precise official act isn't contemplated there is an understanding that the official is |
| 0:57.2 | committing to take action on some specific matters as opportunities arise. I think that's the |
| 1:05.5 | line from the second circuit cases that the government's going to be weaning heavily on in the |
| 1:11.4 | Menendez indictment. I'm Quinted Russing, a senior editor at LawFair and this is the LawFair |
| 1:18.5 | podcast, October 31st, 2023. It's been a rough few months for Senator Bob Menendez. The powerful |
| 1:27.5 | New Jersey Democrat has pleaded not guilty to federal charges related to an alleged bribery scheme |
| 1:33.8 | under which according to prosecutors Menendez carried out favors for the government of Egypt. |
| 1:39.3 | But while the allegations set out in the indictment sound pretty unsavory, recent decisions by the |
| 1:45.3 | Supreme Court, in particular the 2016 case McDonald versus United States, big prosecuting such |
| 1:51.8 | corruption cases significantly more difficult. LawFair recently published an article about the |
| 1:56.9 | potential impact of McDonald on the Menendez case by Daniel Richmond, the Paul Jake Helner Professor |
| 2:02.9 | of Law at Columbia Law School. So for today's episode, I sat down with Dan to discuss McDonald |
| 2:09.6 | the charges against Menendez and of course the striking photographs of gold bars allegedly given |
| 2:15.7 | to the Senator that federal prosecutors included in the indictment. It's the LawFair podcast, |
| 2:21.7 | October 31st, breaking down the Menendez indictment with Dan Richmond. |
| 2:28.6 | I want to start by setting this stage a little about just what we're talking about in terms |
| 2:33.6 | of the allegations and this indictment. What is Senator Menendez who I should say? I'm a New |
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