In
Menendez Trial
Defense is
Denied
Surrebuttal As
US Cites
Egregious
Betrayal of US
to Egypt
by
Matthew Russell Lee
SDNY COURTHOUSE,
July 11 – 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), thread
On July 8, after
a Hana witness and charge
conference, half of the
prosecutors' closing, thread
On July 9, the
rest of the prosecution's
summation, then Menendez's
lawyer Adam Fee, not yet
finishing (and Menendez silent
on his way to his car), from
the thread
On July 10, more
of Menendez's closing, then
all of Hana's, and the first
part of Daibes - then on the
sidewalk, Menendez himself
spoke of the government's
"lies" - thread
On July 11,
Daibes' lawyer then a lengthy
rebuttal, some instructions -
from the thread:
Daibes' lawyer de
Castro: ... Suarez was
endorsed by the Hudson County
Prosecutors Association. She
was qualified... Bob tapped
Sellinger. He didn't check the
diversity box, sure. The lunch
with Sellinger? It was also
about a friend who was the
victim of ID theft
Daibes' lawyer de
Castro: There is no evidence
Senator Menendez knew in
advance about the lunch with
Paul Sellinger, I mean, Phil,
sorry. The government doesn't
know what was discussed. They
want you to assume, to
speculate. There were no texts
about substance
Daibes' lawyer de
Castro: Signal and WhatsApp
are encrypted - many people
use them. But there's no
message saying, "I'm paying
you to make my case go away."
Mr. Monteleoni said, This was
him telling Daibes he is
trying to influence the case.
But where is that?
Daibes' lawyer de
Castro: If Mr. Daibes was
really bribing Senator
Menendez, wouldn't Fred call
him up and ask, Why is my case
not going away? What benefit
did Fred really receive. Why
would he have to bribe his
friend of 30 years. My
predictions were true
Daibes' lawyer de
Castro: The sultans invested
based on their due diligence.
They were introduced to the
Senator, sure. But the
investment was separate. Why
would they invest tens of
millions to get a Senator?
They didn't need any more
praise in Washington.
Daibes' lawyer de
Castro: The resolution
praising Qatar was sponsored
by two other Senators. Like
with Egypt you cannot connect
any gold or cash going to the
Senator. Did the evidence show
when this gold bar was given
to the Menendezes? It was a
gift for good will
Daibes' lawyer de
Castro: We didn't contest the
fingerprint. But when were
they put there and why? They
have a range of two years or
best. A quid pro quo must be
explicit. There are gifts you
can give to a public official,
to build good will - it's not
bribery
Daibes' lawyer:
You can't speculate with a
man's life. They have no
witness about Mr. Daibes'
gold. At best they have shown
Mr. Daibes gave good will
gifts - gifts, not bribes. Was
it give before or after the
introduction to the Qataris?
Were they just gifts?
Daibes'
lawyer: Mr. Daibes is not
guilty. Thank you for your
time. Judge: The government is
not on trial. Similarly. that
a person was not called as a
witness - each party had an
equal opportunity to call
them. A defendant has no
burden to call any
witness. Judge: You'll
hear the rebuttal, then my
charge, then deliberate.
AUSA Richenthal:
Over the past two days you've
heard from a lot of lawyers.
You've heard from defense
counsel for hours. They are
committed advocates for their
clients. But loud, is not
true
AUSA Richenthal:
Trials are not about how
speaks the longest. Lawyers
talk. What *speaks* in court
is evidence. Mr. Fee suggested
that if you don't have a video
you don't know what happened.
Not true. There were verdict
before video, or DNA, or
fingerprints
AUSA Richenthal:
Mr. Fee said, There is not one
witness who said he bribes
Senator Menendez. False. Jose
Uribe pled guilty to bribing
Senator Menendez... Defense
counsel told you that Bob -
that's Sen Menendez - called
it an abusive prosecution. It
didn't happen
AUSA Richenthal:
This was not about truckers,
it was about the Mercedes
Benz... Nadine's sister? She
couldn't remembered ever
seeing a kilo bar of gold in
there. Look at what the
evidence actually shows. Mr.
Fee and Mr. Lustberg claim
Egypt didn't want the
info
AUSA Richenthal:
You're asked to accept,
according to Mr. Fee, if a
bank sees cash in one bill in
2006 they take it. That may
have come as a surprise to you
- have you ever had banks
seize cash from you? That's
not how banks operate
Judge: Let's take a break.
During the
break, Menendez's lawyer Adam
Fee is asking for a
sur-rebuttal. Judge Stein:
Denied. Now, take a [shorter]
break. Thread will continue
when jury returns. Jury
entering!
AUSA Richenthal:
Welcome back. Section 219,
that's just lawyer-talk for
public official acting as a
foreign agent. Mr. Fee said,
in substance, The cash is
whole case. [A beat.]
It damn well is
not. This is Robert Menendez's
jacket. This says
$10,000 AUSA Richenthal:
This is Fred Daibes' money.
And here is the famous Forever
21 bag, inches away, with
$95,000 cash in it. You're
being asked to accept that
this is Nadine's cash. But
just because Nadine's daughter
shopped there doesn't mean Bob
can't use the bag
AUSA Richenthal:
Mr. de Castro said you can't
know when this bribe was
given. But we know it could
not have been earlier than
2021. Mr. de Castro also
argued they were good will
gifts. But this is in the time
frame of the conspiracy.
AUSA Richenthal: Mr. Fee
argues the the embassy
information was public, so
that whole case fails. But
giving that embassy
information was an egregious
betrayal of the country. He
knew it wasn't public.
AUSA Richenthal:
Mr. Fee said the US staff
travel in on diplomatic
passports. But there are the
Egyptian staff too. They don't
travel in. What Menendez sent
says, Local staff. This is not
on Google. The internet works
in Egypt. But they couldn't
get it on Google
AUSA Richenthal:
Absorb this - a sitting US
Senator is giving this
information to a foreign
country *through his
girlfriend.* Nadine gave it to
Will Hana, who gave it to
Egypt... You learned a lot
about Nadine in this case.
Does she seem like a
diabolical genius?
AUSA Richenthal:
Do you think Nadine could pull
it off? Don't answer - there's
no evidence she tried to hide
it. Jose Uribe? You don't have
to like him. But does he
strike you as crazy? The
defense told you he was drunk
and high. There is no evidence
of that
Judge: It's 1 pm,
Mr. Richenthal. How much more
do you have? AUSA Richenthal:
I've got some. Judge: Let's
break
Judge Stein:
Bring in the jury. [Jury
enters] AUSA Richenthal: Mr.
Fee asked you to believe
certain parts of Jorge Uribe's
testimony about not others.
Mr. Lustberg did much the same
thing, but in his own
way.
AUSA Richenthal:
Nadine was supposedly fired in
November - but she got a
check. So what is going on?
Here's a message from Nadine
from Daibes, about payment.
Daibes only asks, How much
does Will owe you? Daibes is
part of the scheme.
AUSA Richenthal:
Was this advocacy? The US
embassy information, was it
advocacy? No. And the Jamil
[sic] Khashoggi advice, was
that advocacy? No.
Ghost-written letters... Is
that advocacy? Sounds like
bribing
AUSA Richenthal:
It's been an eight week trial,
but if you remember one thing,
make it Senator Menendez
excluding his professional
staff from the Egypt meetings.
That's called being a foreign
agent.
AUSA Richenthal:
You shouldn't forget about
Qatar. They showed you press
releases, a tweet, claiming
everyone loved Qatar. How many
of them had gold in their
house from a man seeking to do
business with Qatar?
AUSA Richenthal:
Menendez is himself a lawyer.
His lawyers showed up for the
meeting, the US Attorney
himself was in the room. These
are not random misstatements -
these are lies. The lawyers
didn't know they were lies.
It's a scheme, ladies &
gentlemen
AUSA Richenthal:
At the end of the day Robert
Menendez was not the victim of
Wael Hana or of Nadine - he
was the victim of wanting
stuff. Let me try to retell it
as if it didn't involve
bribes. There's a handwritten
invitation - why? Did the
computers break?
AUSA Richenthal:
In this version of the story,
Menendez is using his
girlfriend literally for no
reason at all... You have to
believe he gave sensitive
information to Egypt just
because, not for money. These
things happened.
AUSA: It's tragic
and it's horrible but it's
true. It's the only way to
make sense of what you have
seen over the last two months.
The evidence says, They did
it. They're guilty. Judge:
We'll break
Now before the
legal charge, Menendez's
lawyers are arguing with jury
out of room that AUSA
Richenthal shouldn't have said
Menendez only called about 1
case
AUSA Richenthal:
What I said was accurate. I
stuck to the record. Judge: I
deny any sur-rebuttal
Judge: Take a few moments, I
want to bring this jury back
[to *begin* the legal
instruction, which was slated
to end before lunch on Friday
- then deliberations]
All rise! Jury
enters. Judge: Ladies and
gentleman, the summations are
over. I'll start my legal
charge and continue tomorrow.
You will get free lunch and
deliberate. I have had the
charge handed out, I didn't
use to do that [Reading of
legal charge begins] [It
seems this jury charge is not
yet in the docket] Judge
Stein: Proof behind a
reasonable doubt means you
would act up it in important
affairs. It is not suspicion,
nor an excuse not to perform
an unpleasant duty...
Judge Stein just
let the jury go, he'll
continue reading his
instructions tomorrow, Inner
City Press will live tweet to
the end - and beyond. Gold Bar
Bob II
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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