William Walls (New Jersey)

William H. Walls

Prior offices

United States District Court for the District of New Jersey

Education

Personal

Judge declares mistrial in Menendez corruption case (2017)

See also: United States District Court for the District of New Jersey (United States of America v. Robert Menendez and Salomon Melgen)

On October 16, 2017, Judge William Walls refused to dismiss any of the 18 counts against Sen. Robert Menendez (D-N.J.) in his federal trial for bribery. NBC News reported that Menendez was the first U.S. senator in 40 years to face charges of bribery. Menendez moved to dismiss the charges pursuant to the U.S. Supreme Court's ruling in McDonnell v. United States, in which the court clarified the conduct constituting official government action under federal bribery statutes.^[3]

Politico reported that Walls "had signaled before court broke last Wednesday that he was sympathetic to the defense’s argument that would have gutted most of those counts — the 'stream of benefits' theory, in which a public official's actions can be defined as bribery if those actions can be linked to gifts received over a lengthy period," but the court decided to allow the trial to proceed after the government rested its case.^[4][5]

On October 29, 2017, Menendez and Melgen filed a motion for a mistrial, arguing that "the Court’s evidentiary rulings and comments throughout this trial evince a cumulative abuse of discretion that has deprived Defendants of their Fifth and Sixth Amendments rights to a fair trial, to an adequate defense, and to confront the witnesses against them." Walls denied the motion. After closing arguments, the case was sent to the jury. One juror was excused due to a previously planned vacation, so jury deliberations began anew on November 6, 2017. One week later, on November 13, 2017, the jury informed Walls that they could not reach a verdict. On the advice of counsel, Walls ordered the jury to return the next day to continue deliberations, but on November 16, 2017, the jury informed the judge and counsel that they were still deadlocked on all charges. After interviewing the jury foreman and another juror in front of counsel, Walls declared a mistrial in the case.^[6][7]

On January 19, 2018, Politico reported that the Department of Justice (DOJ) wanted to retry Menendez and Melgen. In a notice of intent to retry, the DOJ wrote, “The United States files this notice of intent to retry the defendants and requests that the Court set the case for retrial at the earliest possible date. Defendants Robert Menendez and Salomon Melgen have been indicted for bribery and corruption by two separate grand juries properly impaneled in the District of New Jersey. The first trial ended in a mistrial with a deadlocked jury. An early retrial date is in the best interests of the public, and the United States is available to schedule a retrial at the Court’s earliest convenience.”^[8]

In response, Menendez's office released the following statement: “We regret that the DOJ, after spending millions and millions of taxpayer dollars, and failing to prove a single allegation in a court of law, has decided to double down on an unjust prosecution. Evidently, they did not hear the overwhelming voices of the New Jerseyans who served on the jury this fall. Senator Menendez fully intends to be vindicated — again.”^[8]

On January 24, 2018, Walls acquitted Menendez and Melgen on seven of the 18 counts they were tried on.^[9] On January 31, 2018, the DOJ moved to dismiss charges against Menendez and Melgen. Nicole Navas Oxma, a spokesperson for the DOJ, said in a statement, “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."^[10]

1. ↑ Law.com, "Walls, Federal Judge for 25 Years Who Presided at US Senator's Corruption Trial, Dies at Age 86," July 15, 2019
2. ↑ Judge Walls' Biography from the Federal Judicial Center.
3. ↑ NBC News, "Sen. Robert Menendez Bribery Trial Could Reshape Senate, Trump’s Agenda," September 5, 2017
4. ↑ Politico, "Judge's ruling deals blow to Menendez," October 16, 2017
5. ↑ Politico, "Menendez formally seeks mistrial in bribery case," October 29, 2017
6. ↑ Politico, "Menendez jurors tell judge they're deadlocked," November 13, 2017
7. ↑ The Washington Post, "Judge declares mistrial in Menendez prosecution," November 16, 2017
8. ↑ ^{8.0 8.1} Politico, "Feds intend to retry Menendez and Melgen 'at the earliest possible date,'" January 19, 2018
9. ↑ Politico, "Judge tosses 7 of 18 counts against Menendez and Melgen," January 24, 2018
10. ↑ The Hill, "DOJ files motion to dismiss Menendez indictment," January 31, 2018