This bug is in the following overload of Expression.New (in System.Linq.Expressions):
public static NewExpression New(
The documentation states:
> If members is not null, it must have the same number of elements as arguments
The actual behavior is that the method throws an exception *even if "members" is null*, and there are more than 0 items in "arguments".
The exception reads:
> Incorrect number of arguments for the given members