In Sen
Menendez Case
He Beats Back
DOJ Bid to
Delay to July
to Have Nadine
In So May 6
by
Matthew Russell Lee
SDNY COURTHOUSE,
April 10 – 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, a conference was
requested.
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 13,
Menendez' lawyer argued that
two sentences must be
redacted: "The substance of
the Redacted Sentences, if
made public, will surely
garner significant media
attention, which likely would
reach potential jurors."
Letter on Patreon here.
On April 11,
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:
OK - now at US v.
Menendez, et al. Nadine has
cited redacted health issue;
DOJ says it would be OK to
delay all co-defendants' trial
from May 6 into the summer.
All rise! Judge
Sidney Stein: We're only going
to be dealing with legal
matters & trial schedule.
Please be seated. I have
decisions on pending motions.
Given the press of time, I'm
going to deliver them
orally... What I propose is I
read the case name, not cites
Judge Stein: A
lot has been happening in the
last couple days. I have
request for adjournment of the
trial, which is set for May 6.
Let's handle that first. It
was sparked by a medical issue
with Mrs. Menendez. When could
she sit for trial?
Nadine
Menendez' (outgoing) lawyer:
We'll know in 2 months. Bob
Menendez' lawyer: We don't
want any delay. Every day the
unproven allegations are out
there, it could remove his
ability to run. Also, we think
severance is inevitable
Judge Stein: The
medical issues are sealed -
Bob Menendez's lawyer: There
is a pending motion to
withdraw - Judge Stein: Based
on an actual conflict. Bob
Menendez' lawyer: So she'll
have to have a new
lawyer. So July or
August is not possible for
all.
Bob Menendez'
lawyer: Senator Menendez and
the public have a right to a
speedy trial, on May 6. An
adjournment to July, unless
the Court is going to sever
[Nadine] is illusory. Attorney
Lustberg: Like Mr. Fee, we
have questioned speed. We're
ready May 6
Lustberg:
Mr. Hana has family in Egypt.
He can't travel. Judge Stein:
I thought he was bringing them
here. Lustberg: They are not
being allowed to travel to the
US. I don't know why. He's not
a Senator but the pendency of
this matter is destroying his
business
Judge Stein: He
has a monopoly on bringing
Halal meat, how is his
business being harmed?
Lustberg: Those who would
prefer to have this contract
are using this indictment to
achieve that. I had another
trial May 6 in NJ, the judge
adjourned it to Sept 9
Judge: I'm
concerned about Mr. Fee's
point about Mrs. Menendez
needing new counsel. AUSA
Daniel Richenthal: There is
gamesmanship here. The only
thing new is Mrs. Menendez'
health issue. They are trying
to take tactical advantage.
There should be no severance
here
AUSA Richenthal:
Mrs. Menendez' new lawyers
would have eight to twelve
weeks, that's enough. Judge
Stein: They would have be to
brought on. Bob Menendez'
lawyer Fee: We prepared to May
6. AUSA Richenthal: We
are ready. But we don't want
to try this case twice
Bob
Menendez' lawyer: We have a
firm trial date: May 6. Mrs.
Menendez going forward in July
is not realistic, for the
reasons in the sealed
declaration. Mr. Richenthal is
only arguing for the
convenience of the
Government. Lustberg:
There is zero gamesmanship
Judge
Stein: Given the medical
issues, I think it is unclear
when Mrs. Menendez could go to
trial. So I am going to sever
Mrs. Menendez - and the May 6
trial will go forward. For
Mrs. Menendez, July 8 trial,
we'll see in June if it's
realistic
More
on Substack here
***
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