Federal prosecutors late on Monday urged a federal judge to reject U.S. Sen. Robert Menendez’s motion to dismiss his indictment, arguing that the Speech or Debate Clause does not shield him from prosecution.

In their motion to dismiss in January, Menendez’s attorneys at Paul Hastings argued that the indictment improperly questioned Menendez’s work as the senior senator from New Jersey, including his role as former chairman of the Senate Foreign Relations Committee.