Ill-defined federal laws now reach into virtually every sphere of human behavior, and thus prosecutors can destroy almost anyone they choose. The recent indictment of Senator Robert Menendez on 14 counts of corruption and “honest services” fraud is a troubling case in point that deserves more than a little skepticism.
Mr. Menendez is accused of doing government favors for his friend Salomon Melgen, a Palm Beach ophthalmologist and Democratic Party benefactor, in return for vacations and campaign cash. Justice’s quid pro quo tale is often sleazy—Brazilian actresses feature prominently—and Mr. Menendez’s conduct won’t enhance the reputation of Congress. But the quids and quos Justice identifies aren’t illegal on their own—and the indictment never gets to the pro part.
Mr. Menendez is seen, for example, supporting visa applications for Dr. Melgen’s overseas girlfriends and urging the State Department not to undermine a port-security contract that a company Dr. Melgen acquired had signed with the Dominican Republic. But it is not unusual for elected officials to intercede on behalf of constituents and allies. The term for this is representative government.
Dr. Melgen is seen cutting checks to Mr. Menendez’s campaign, the New Jersey Democratic Party and a Super PAC working for the Senator’s 2012 re-election. But then these election-year donations were legal and disclosed, Dr. Melgen supported Democratic causes nationwide, and donors are allowed to give to politicians whose positions are aligned with their interests.