In a superseding indictment released by prosecutors Thursday, embattled U.S. Sen. Bob Menendez, D-N.J, is accused of acting as a foreign agent on behalf of Egypt.

The new count charges Menendez; his wife, Nadine; and a co-defendant with conspiracy for a public official to act as a foreign agent.

“From at least in our about January 2018 through at least in or about June 2022, in the Southern District of New York and elsewhere, Robert Menendez, Nadine Menendez, and Wael Hana, the defendants, and others known and unknown, willfully and knowingly combined, conspired, confederated, and agreed together and with each other to have a public official, to wit, Robert Menendez, act as an agent of a foreign principal, to wit, the Government of Egypt and Egyptian officials, required to register under FARA, Title 22, United States Code, Sections 611-621, in violation of Title 18, United States Code, Section 219,” according to the indictment.

This latest charge comes as Menendez has dug his heels in, vowing to fight the sweeping, multi-count indictment that was first laid out by prosecutors last month, which accused the senator, his wife and three New Jersey businessmen of engaging in a corrupt bribery scheme.

At this point, most prominent Democrats here in New Jersey and nationally, including Gov. Phil Murphy and U.S. Sen. Cory Booker, among others, have called for Menendez to step down. The senior senator has defiantly refused to do so.

Menendez pleaded not guilty to the first set of charges Sept. 27. A trial is scheduled for May 6, less than one month before the New Jersey senate primary. Menendez’s seat is up for re-election in November 2024.

The senator has not yet said whether he will run for re-election. Meanwhile, U.S. Rep. Andy Kim, D-3rd District, has already thrown his hat in the ring as a primary opponent.

Foreign relations

In Congress, Menendez has stepped down as chairman of the powerful Senate Foreign Relations Committee, a post he served in during the time of the alleged scheme.

Some of the details related to the superseding charge are sure to cause even more concern and calls for his resignation.

“On or about May 21, 2019, Robert Menendez, Nadine Menendez, and Wael Hana, the defendants, met with an Egyptian intelligence official (‘Egyptian Official-3’) at MENENDEZ’s Senate office in Washington, D.C. During this meeting, the group discussed a human rights matter pertaining to the resolution of a claim involving the serious injuries suffered by an American citizen, who was injured in a 2015 airstrike by the Egyptian military using a U.S.-manufactured Apache helicopter,” the indictment alleges. “The incident leading to the citizen’s injuries and the perception of certain Members of Congress that the Government of Egypt was not willing to provide fair compensation to the injured citizen for the attack resulted in objections by some Members of Congress to the awarding of certain military aid to Egypt.

“Shortly after the meeting with Egyptian Offical-3, Menendez conducted a web search for the name of that American citizen and visited a website that contained an article about the citizen’s claim. Approximately a week later, using an encrypted messaging application, Egyptian Official-3 texted Hana in Arabic regarding this human rights matter, writing, in part, that if Menendez helped resolve the matter, ‘he will sit very comfortably,’ to which Hana replied, ‘orders, consider it done.’

“Egyptian Official-3 then texted Hana screenshots of a statement from the American citizen’s attorney pertaining to the claim, which Hana then forwarded a few days later to Nadine Menendez, who in turn forwarded it to Menendez. Nadine Menendez subsequently deleted her text messages with Hana about this matter,” the allegations continued.

“The government’s latest charge flies in the face of my long record of standing up for human rights and democracy in Egypt and in challenging leaders of that country, including President El-Sisi on these issues. I have been, throughout my life, loyal to only one country — the United States of America, the land my family chose to live in democracy and freedom,” Menendez told NJBIZ in a statement. “Piling new charge upon new charge does not make the allegations true. The facts haven’t changed, only a new charge. It is an attempt to wear someone down and I will not succumb to this tactic. I again ask people who know me and my record to give me the chance to present my defense and show my innocence.”

This story is developing. Please stay with NJBIZ for the very latest.

Editor’s note: This story was updated at 6:10 p.m. ET Oct. 12, 2023, to include a statement from Menendez.