Counsel for U.S. Sen. Robert Menendez, D-New Jersey, on Thursday, indicated that the senator is still deciding whether he will appeal a federal judge’s ruling that key allegations in his indictment did not violate the Speech or Debate Clause or the separation of powers doctrine.

Menendez, his wife and two New Jersey businessmen currently face a trial date of May 6 in Manhattan. Menendez has pleaded not guilty to bribery, extortion, honest services wire fraud, obstruction of justice and acting as a foreign agent while serving as a public official.