Justice Department moves to dismiss corruption case against Menendez

The Department of Justice moved Wednesday to dismiss the remaining charges against Sen. Robert Menendez, D-N.J., just weeks after prosecutors announced their intent to retry him on federal corruption charges, a decision that would allow him to avoid running for re-election while under indictment.

The motion to dismiss cites a decision last week by Judge William H. Walls to acquit Menendez of seven of the 18 charges he had faced, which included bribery charges stemming from accusations that he accepted political donations from a wealthy Florida eye doctor in exchange for lobbying on the doctor's behalf. The doctor, Salomon Melgen, was also charged in the case.

The prosecutor's request will be decided by Judge Jose L. Linares, the chief U.S. district judge in New Jersey, who has temporarily taken over after Walls recused himself.

"Given the impact of the court's Jan. 24 order on the charges and the evidence admissible in a retrial, the United States has determined that it will not retry the defendants on the remaining charges," said Nicole Navas, a spokeswoman for the Justice Department.

The trial of Menendez and Melgen, who have been longtime friends, ended in a mistrial in November after a jury said it could not reach a verdict. One juror told reporters that the panel had been deadlocked 10 to 2 in favor of acquittal. Menendez had been charged with using the power of his office to conduct favors for Melgen in exchange for lavish gifts, trips on a private plane and political contributions.

Menendez had claimed he was vindicated after the mistrial — even though he remained under indictment — and was quick to celebrate Wednesday's decision.

"From the very beginning, I never wavered in my innocence and my belief that justice would prevail," he said in a statement. "I am grateful that the Department of Justice has taken the time to re-evaluate its case and come to the appropriate conclusion."