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Sept 24, 2013

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In Sen Menendez Case He Opposes Disclosing FARA Defenses Weeks Before May 6 Trial

by Matthew Russell Lee

SDNY COURTHOUSE, April 2 – 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

On March 28 - after announcing he will not run in the Democratic primary for "his" NJ Senate seat but might as an independent, Menendez through counsel informed that he will not file an interlocutory appeal.

On April 1, the US Attorney's Office asked Judge Stein to order Menendez to provide notice by April 4 of any affirmative defenses under FARA. Judge Stein ordered a response by April 2.

And on April 2, Menendez's counsel wrote in "The government wants Senator Menendez to disclose – over a month before trial – details of how he intends to contest the government’s proof that he acted as “foreign agent” required to register under FARA. No court, anywhere, has ever granted that relief, let alone granted such significant relief on the rushed timeline the government demands here. This Court should not be first. The government’s motion should be denied for several reasons" - letter on Patreon here

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