In
Menendez Trial
He Declines to
Testify Saying
Outside Court
US Has Not
Proved Its
Case
by
Matthew Russell Lee
SDNY COURTHOUSE,
July 3 – Amid reports of
investigation against Sen.
Robert Menendez for taking
gold bars, Inner City Press'
sources on September 21 it to
expect on Friday, September 22
an appearance in Federal court
in Manhattan by Menendez and
his wife Nadine Arslanian. This
scoop
was true.
Later a
superseder was unveiled,
including charges of bribes to
act for Qatar...
On April 11, 2024
after Nadine Menendez and then
the government asked for
delay, to July or undefined,
Judge Stein severed her case
and reaffirmed May 6, Inner
City Press thread
On Sunday night
April 14 the US wrote in again
asking for a delay to July,
six page letter on Patreon here.
But Judge Stein
told the parties to confer and
report by April 16 at 1 pm.
Then he set an April 17
conference, which Inner City
Press live tweeted and dubbed
"Berate-gate," thread
On May 13, jury
selection began - but did not
finish. Abit later, Menendez
got into an car with FOP NJ
plates.
On May 14 jury
selection continued but was
not yet completed, from the
ending, thread
Late on May 14,
the US Attorney's Office filed
opposition to slides the
defense wants to use in its
opening arguments, including
quotes from Colin Powell and
MLK, and when Nadine came into
possession of gold - full
letter on Patreon here
Inner City Press
live tweeted jury selection
and then opening arguments here,
then filmed Bob's exit (he
said he thought it went well
and that his guy did great).
On May 21, the US
Attorney's Office put on Wael
Hana's lawyer, then a US State
Department official working on
Congressional approval (or
holds) on arms transfer to
Egypt, thread here.
On May 23, with
the trial in haitus, docketed
was Menendez' lawyers
opposition to quashing his
subpoena for Jose Uribe's
attorney proffer and
communications with SDNY
prosecutors, filing on Patreon
here
On May 29, Inner
City Press live tweeted,
omitting Morton's steakhouse
but including this
On May 30,
Menendez's lawyer's (long)
cross, including this.
On May 31,
starting 1 pm, the agent was
cross examined, and then USDA
Ted McKinney on direct, thread
After the
trial day, Inner City Press
filed Menendez' walk to his
Jersey-plated car; asked why
he called McKinney he said,
Wait for the cross
[examination].
Nadine Menendez
hired a new lawyer, who
previously represented Sydney
Powell among others. Then
this: "ORDER as to Nadine
Menendez: At the request of
the defendant and with the
consent of the government
[Doc. No. 434], the status
conference is adjourned from
June 10 to June 12 at 5 :00
p.m.(Signed by Judge Sidney H.
Stein on 6/3/2024)."
On June 4 Judge
Stein dockted a partially
redacted Order in which he
denied Menendez's request that
the prosecutors give him
impeachment material about a
Confidential Human Source they
are not going to call as a
witness - but Menendez said he
will.
On June 5, Inner
City Press live tweeted - and
afterward asked Menendez a
question. Thread.
On June 6, after
more cross of Agent Graves,
Gurbir Grewal testified, thread
On June 7, after
an FBI fingerprint expert,
cooperator Jose Uribe, Inner
City Press live tweeted, thread
On June 10, Uribe
finished his direct
examination around 4 pm, then
counsel for Hana, not yet
Menendez, began cross
examination, thread.
On June 11, Uribe
was cross examined - though
not on the "strip club issue"
after which out on Worth
Street Menendez decried
Uribe's crimes. Thread
On June 12, after
the end of Uribe (including
drunk driving and the "little
bell"), US Attorney of NJ
Sellinger took the stand, thread.
On June 13, trial
day - and next day - was
canceled by Daibes calling in
with COVID: thread.
And then, book:
GOLD BAR BAR Menendez Trial I,
on Amazon here.
On June 18, after
Daibes' COVID, things resumed
with Sellinger, followed by
Matt Soliman.
On June 20,
alongside an FBI agent summary
witness, a prosecution office
witness out of order, thread.
On June 24,
Menendez's staffer Sarah Arkin
took the stand, from the thread
On June 25, Sarah
Arkin finished up, including
about upcoming job at State
Department. Then, a currency
(and money laundering) expert
from the Federal Reserve Bank
of New York. From the thread
On June 26, there
testimony about currency, and
then a jocular Armenian
jeweler, from the thread
On June 27, the
Senate Ethics Committee
director, then a cell site
expert, from the thread
On June 28, the
last US witness, on Menendez's
M&T account, and gold in
Nadine's Chase Bank safety
deposit box, thread
On July 1 the
defense case began, his and
Nadine's sisters amid a flurry
of motions, thread
On July 2, at 5
instead of 4 pm, rapid rulings
on exhibits to set up
Menendez's defense resting on
Friday, thread
On July 3, Team
Menendez rested (then outside
court Menendez said the US had
not proved its case so he
didn't testify), from the thread:
[In the
courtroom: Bob Menendez
sitting smiling in the front
row of the gallery as at
defense table his lawyers Fee
and Weitzman go through sheafs
of paper, and Wael Hana stands
with his hands in his
suitpants pockets, also
laughing... Drum roll...
All rise! Judge
Stein: Before the jury comes
in, as to Hana's defense case,
only Egypt is relevant, not
Latin America or India.
Employee Number 5 can testify,
including about Nadine. Those
are the parameters.
Hana's lawyer Lustberg: We're
trying to get one of the
witnesses here, he might get a
visa today, just before the
weekend in Egypt. We may have
to make some sort of
application. Judge Stein: I
want to keep our use of the
jury's time efficient. I won't
delay it
Hana's lawyer
Lustberg: We think the current
status of his company is
relevant to rebutting that it
was a completely bogus firm
when it was given the license.
Judge Stein: I don't think
that's relevant. Let's see if
the US wants to talk me out of
it (laughter) Judge
Stein: Also, the jurors have
asked for an extra 15 minutes
for lunch today, it comes at
an inopportune time but I'm
going to give it to them,
they've been timely. What's
the expected length of direct?
Menendez's
lawyer: No agreement with
US...
All rise - jury
entering! Judge Stein: Ladies
and gentleman, I looked with
the lawyers last night until 7
pm. Now we'll hear a video
deposition. Senator Menendez
calls Michael Critchley [shown
in his office in Roseland
NJ] Q: Did you step in
to represent Elvis Parra?
Critchley: Yes. I
believe there had been a plea
offer. Q: What was it?
[Critchley is shown letter to
predecessor counsel Howard
Dorian, 5 year plea offer.]
Critchley: I
can't discuss that. With
US v. Menendez set to re-start
at 2:15 pm, Bob is in the
first row of the gallery
chatting with another
white-haired man, pointing out
the courtroom, smiling. Both
of his lawyers are laughing.
Now Daibes and Hana
arrive. All rise!
Menendez's lawyer Fee: Mr
Weitzman has shortened his
presentation. But we are
concerned that your
instruction to the lawyers not
to read out loud the entries
in the chart, only in the
defense case, that it may have
signaled to jurors we're less
important Judge: What do
you want me to do?
Menendez's lawyer
Fee: If Mr. Weitzman in his 15
minutes refers to some,
perhaps don't give the
instruction Judge: Done. I'll
bring the jury back. All
rise! Menendez's lawyer
Weitzman: Here is an entry
from 2018 from Uribe to Hana.
Witness: The deal is to stop
all investigations. Weitzman:
And this, to Hana from Nadine
Witness: Nadine asks, Who did
they hire? Wael says, I'll
ask. Nadine: I need to do the
fundraiser Witness: This
is from Hana to Doug Anton,
Let me know when you send
email
Menendez's lawyer
Weitzman: What does Doug Anton
text Will? Witness: Were you
able to reach out to the
client? Will replies, Anytime
- then texts Uribe, You got
the papers? Uribe replies
Yes Now Hana's lawyer's
turn. Hana's lawyer Solano:
Line 75-6 on Line 2 Witness:
Nadine writes to Hana, "Good
morning Wael, I just heard
about the two explosions in
Egypt, hope your family is
OK." He replied, Everyone
OK. Daibes' counsel has
no quesions. Cross
examination. AUSA Monteleoni:
Did you verify when these US
Egypt embassy numbers are
from?
Witness: I did
not. Now the deployment
of the Wayback Machine
Menendez's lawyer Weitzman: So
this report was available in
2018? Witness: Uh, yes?
Weitzman: DX 1302, line
345-7... The Dec 18 date, but
they say it's Dec 14 - put up
1303, 87. Fair to say it's a
type and not
intentional? AUSA:
Objection! Judge: Sustained.
Re-cross.
AUSA: Please
scroll down -- Menendez's
lawyer Weitzman: If we have a
different version it's not on
us. Judge: Sidebar [Whispered
sidebar ensues] Judge
Stein: You are excused. And
I'll inform the jurors of that
when they return.... [Jury
out] Judge Stein: I understand
Mr. Menendez has no more
witnesses? OK, Mr. Menendez do
you understand you don't have
to put on a case, you
understand? Menendez: Yes I
do
Judge Stein: Mr. Menendez you
have a right to testify, do
you understand?
Menendez: Yes I
do, your Honor. Judge Stein:
This decision is not for your
lawyer but for you, whether to
take the stand, it's for you,
do you understand? Menendez:
Yes I do Judge Stein:
You do not wish to take the
stand, Mr. Menendez? He does
not. Judge Stein: When the
jury comes back, I'll ask if
you rest. Daibes's lawyer: We
will not call witnesses, nor
will Mr. Daibes testify.
[Daibes confirms it]
Judge:
Let's bring this jury back in.
All rise! Jury entering! Judge
Stein: Mr. Weitzman, is there
an additional witness for Mr.
Menendez? Menendez's lawyer
Adam Fee: It's Mr. Fee and no,
Mr. Menendez has no more
witnesses. We rest.
Daibes rests. Hana's lawyer:
We call our first witness.
It's a woman from Hana's halal
meat business, in Montevideo,
Uruguay, Carolina. Hana's
lawyer: Did Nadine Arslanian
text with you? Carolina: Yes.
She was to help with office
space in India
Hana's lawyer:
Did she? Carolina: No. Hana's
lawyer: Did Mr. Hana fired
other people for not
performing? Carolina: He did.
Hana's lawyer: No further
questions. Menendez's lawyer
Adam Fee: In this email,
doesn't Nadine talk about Eros
Tower in Delhi? Yes
Cross examination. AUSA
Richenthal: You had no role in
the start-up of the company in
the USA, did you? Carolina:
No. Only in Uruguay. AUSA: And
you had to fly in to testify?
Carolina: Yes.
Judge: Jurors,
give me ten minutes to discuss
with the lawyers then come
back in. [Jurors leave] Hana's
lawyer Lustberg: We have a
witness we hope will be here
on Monday morning. We ask the
court's indulgence. Judge:
Monday morning. And that's the
end of the case Judge:
So charging conference Monday
9:30, witness at 11.
AUSA Monteleoni:
So summations on Tuesday? We
need to respond to changes to
the charge. Judge: I'll bring
in the jury 10:30 on Monday. A
two hour lunch and we'll start
summations. I'll tell them
now. Jury entering!
Judge: Enjoy the 4th. Come in
Monday at 10:30. I told you my
expectation is you'd get the
case by the end of the week of
July 8. That's still on. Jury
leaves. Adjourned. Now vlog
More on X for
Subscribers here
and Substack here
The case is US v.
Menendez, et al., 23-cr-490
(Stein)
More
on Substack here
***
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