In Sen
Menendez Case
Nadine Waives
Lawyer
Conflict
Assumes
Stipulation
May 6 Trial
Holds
by
Matthew Russell Lee
SDNY COURTHOUSE,
March 21 – 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 January 10
Menendez filed a motion to
dismiss, arguing "the
government shockingly fails to
disclose the exculpatory fact
that [REDACTED]." Full filing
on Patreon here
Late on January
10, docketed on January 11,
Inner City Press filed to
unseal Menendez' redactions -
and documents "in the vault."
On January 17,
after the NYT also requested
(and cited Inner City Press),
Judge Stein ordered the
parties - including DOJ - to
respond by January 22.
On February 1,
Judge Stein granted some
unsealing - including of some
of the material in the vault
which Inner City Press
requested. Order here.
On March 6, after
a guilty plea and then a
superseding indictment was
filed, counsel for Wael Hana
wrote in. Letter on Patreon here.
On March 11,
Inner City Press live tweeted
the arraignment, and Judge
Stein's ruling that the May 6
trial data holds, unless the
2d Circuit stays it on an
interlocutory appeal. Thread here
On March 21,
Nadine Menendez was before
Judge Stein for a Curcio
hearing, thread
OK - now at
Nadine Menendez "Curcio"
hearing, US says her lawyers
might be witness at [for now
May 6] trial,Nadine Menendez
is seated at defense table,
now with three lawyers.
All rise!
Judge: The
defense is correct here, the
government should fish or cut
bait if they will call counsel
as a witness
Judge: The
trial is in 6 1/2 weeks,
unless there's an appeal to
and stay from the 2d Circuit.
Decide on a stipulation, if
you can, in 2 weeks: an
anonymized affidavit. [Nadine
Menendez and her lawyers have
stepped out of the courtroom
to confer how to proceed.
Beyond the 3 prosecutors in
front, there are more here in
the gallery]
[Nadine Menendez
and lawyers come back up]
Defense: If there is a
disqualification, a May 6
trial would be
impossible. Judge: Let's
assume you work it [the
stipulation] out. This Curcio
hearing will be on the more
limited issues I call Bucket 2
Judge:
Normally this can be solved by
not letting the jury know that
defense counsel is the source.
But if agreement is not
reached, your lawyer could be
disqualified... what's your
native language? Nadine
Menendez: French...I am 57 and
have a Masters from NYU
Judge: Your
lawyers may have been present
at a meeting that will come up
at trial, about payments on a
Mercedes by Mr. Uribe [who
quietly pled guilty] and on
your mortgage by Mr Hana. That
could present a conflict.
Judge: They're going to be
restricted in the arguments
they can make.
Nadine Menendez:
By the stipulation? Judge:
Because they have knowledge of
the underlying facts. Do you
want them to continue? NM:
Yes.
Judge: I
accept the waiver... I
understand Mr Menendez'
counsel has an issue? Counsel:
We've asked for 404(b)
material before March 29. My
client has a prior case, you
may be aware. [Nadine
Menendez leaves]
Judge: Are you
appealing? Sen Menendez
lawyer: It's up in the air
Judge: And you're being
transparent [sarcasm] Counsel:
It's complex AUSA: We don't
plan a lot of 404(b).
Judge: March 29 remains the
404(b) deadline. We are
adjourned.
More details on X
for Subscribers here
and 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
|