In
Menendez Trial
Jury Questions
on Qatar and
Daibes Count
but No Verdict
Bob Says
Complex
by
Matthew Russell Lee
SDNY COURTHOUSE,
July 15 – 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 -
thread
On July 12, Judge
Stein finished his legal
instruction, then the jury
deliberated from 2 to 5 pm, no
verdict. Afterward Menendez on
the sidewalk said, "I have
faith in God and in the jury."
Thread
On July 15, the
jury sent out questions about
unanimity and about the Qatar
and Daibes counts, but did not
reach a verdict by 5 pm. On
his way to his car Menendez
said in Spanish that hte
jurors not see things are not
so simple. Thread
OK - now in US v.
Menendez, after 90 minutes of
jury silence, Judge Stein
summons the lawyers - and
Menendez, at defense table.
Judge Stein: I
have a note from the jury,
asking if a vote of not guilty
on a single count requires
unanimity... But I'll do this
again when the court reporter
is here... Take 2 /
re-do: Judge Stein: Does a non
guilty verdict on a single
count require unanimity? We'll
reply, your vote must be
unanimous as to each count and
each defendant.
Menendez's lawyer
Fee: The note does refer to
defendants, only to
counts... Judge: I'm
going to respond as I
proposed. Daibes' lawyer de
Castro: We're fine with it.
Judge: Thank you very much.
All rise!
They've
back, 2:05 pm. All rise! Judge
Stein: You may be seated. I
received a note, Can the jury
go to the 8th floor outside
terrace for a break. I allowed
them. Now another note: Does
intervening in the Federal
prosecution of Daibes fall
under Court 11 and 12?
Judge: I think
the answer is yes. AUSA
Richenthal: That's exactly
right. We should give them a
redacted copy of the
indictment so they can see.
Menendez's lawyer
Wietzman: They may be using
"intervening" as a shorthand,
but the "to wit" clause of
Count 11- Judge Stein:
My copy of the indictment
still has Mrs. Menendez in it
AUSA Richenthal: Our
paralegals are working on
another version. [Meanwhile,
the "to wit" clause of Count
11 involves "acting for the
benefit of the Government of
Qatar"]
Judge Stein: I
suggest this: "Intervening in
the Federal prosecution of Mr.
Daibes would fall under Count
11 if the jury find each of
the elements of Count 11 have
been met beyond a reasonable
doubt."
Menendez's lawyer
Weitzman: But intervening is
the word Menendez's
lawyer Weitzman: The
government is trying to run
away from their own "to wit"
clause. Judge Stein: Let me
put pencil to paper... [Answer
sent back to jury at 3:05 pm]
Update 4:38 pm
All rise! Judge: I have a
note, The jury is finished for
the day Jury entering!
Judge: I got your note, that
you're finished for the day.
See you tomorrow morning. Keep
an open mind. Jurors exit
Judge: Thank you.
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
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2024 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|