In
Menendez Trial
NJ US Attorney
Says Bob Asked
of Daibes Case
Before Recusal
Talk
by
Matthew Russell Lee
SDNY COURTHOUSE,
June 12 – 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:
Jury has still
not been brought in. Judge
Stein: I got the midnight
submission from Menendez
[Inner City Press tweeted a
screenshot of it, just after
it went in, bid to impeach
Hana] and I disagree with it.
But I am asking the parties,
stop with midnight
filings Judge Stein:
Bring in the jury... You have
my decision...
Jury entering!
[Jurors enter] Judge Stein:
Mr. Fee, you may continue and
conclude your cross
examination. Menendez's lawyer
Fee: You texted Nadine, You
don't love me anymore,
correct? Uribe: It was a
joke Menendez's lawyer
Fee: The meeting on the
backyard patio, didn't you say
"We are working people," about
Bien Hernandez?
Uribe: We
were talking, drinking Grand
Marnier. Fee: You spelled out
the deal to Nadine - not to
Sen Menendez? Uribe: I talked
elements with him
Menendez's lawyer Fee: You
claim you wrote down the names
for Senator Menendez in Sept
2019 - but why, if Nadine had
them? AUSA: Objection! Judge:
Sustained. Fee: Here's the
patio where you met Senator
Menendez? Uribe: It was
dark.
Menendez's lawyer
Fee: You say Senator Menendez
rang a little bell & said,
"mon amour, bring paper"?
Uribe: The piece of paper was
brought into the backyard by
Mrs. Menendez, where I wrote
the names. Fee: So there are
gaps in your memory? Uribe: I
give substance
Menendez's lawyer
Fee: The little bell that you
say Senator Menendez rang was
it bigger than my fist? Judge:
Sustained! Lower your voice!
You're saying the size of the
bell is important? Fee: I am
Judge: Was there anyone else
on the patio? Uribe: Just
Senator & me
Menendez's lawyer Fee: Senator
Menendez did not promise any
particular outcome? Uribe: The
word promise was not used...
Fee: How much did you spend at
the Glenpointe Marriott bar
from 2018 to 2020? Uribe: I
don't know.
Fee: Did you
drive drunk? Objection!
Menendez's lawyer Fee: You
were using Xanax? Uribe:
Sometimes when I have a
stomach... Fee: You had no
prescription but got it from
family? Uribe: Yes. Fee: You
were stressed out. Uribe: Yes.
Fee: When you met Sen Menendez
you were drinking? Uribe:
Sometimes Menendez's
lawyer Fee: After the backyard
meeting, Senator Menendez told
you to watch out, there were
many police around, you should
not be drinking and driving?
Uribe: We had Grand Marnier.
Fee: You only brought up
Prestige [Trucking] after you
drank? Uribe: Yes
Menendez's
lawyer Fee: What is the impact
on your memory when you use
Xanax and alcohol? AUSA:
Objection!
Judge: When did
you take Xanax?
Uribe: In the
morning. Fee: The senator told
you he saved your ass - you
say he used the word "culito"?
Uribe: Yes. Menendez's
lawyer Fee: You pled guilty to
tax evasion. Why? Uribe:
Because I was guilty. Fee: You
understand the prosecutors
were focused on Senator
Menendez? Uribe: I was
investigated for the car to
Nadine Menendez
Menendez's lawyer
Fee: The patio, the Segovia's
meeting - did the prosecutors
question those? Objection!
Sustained. Fee: Is you goal
here to do anything to protect
yourself and your family?
AUSA: Objection! Judge:
Sustained. Fee: Nothing
further Jury out Judge:
Mr. Fee, after a few more
years at Paul Hastings you too
many have a little bell. We'll
break.
They're back.
AUSA: Did this text reflect
Nadine telling Senator
Menendez she was looking for
the right bell, 5 days before
the backyard meeting with Mr.
Uribe? Witness: It does.
Menendez's lawyer Fee: Are you
aware of Nadine's collection
of bells that don't
ring? Next witness is
from the Bureau of Engraving
and Printing. Witness: The
Federal Reserve Board tells us
how many bills they wanted
printed in a particular year.
AUSA: Show GX HL1-4. Are all
bills now Next Gen? Witness:
All but the ones and the
twos.
[While waiting
for judge and jury to come
back, Menendez is sitting or
leaning back against the
defense table, chatting with
his lawyer Adam Fee. Daibes is
leaning back in the back row.
Prosecutors knock a water
bottle on the floor] All
rise!
Next witness is
US Attorney for the District
of NJ Philip R. Sellinger.
Assistant [SDNY] US Attorney:
Who selects the US Attorney?
Sellinger: The Senators
recommend to the President.
Judge: The President of the
US? Sellinger: Yes.
AUSA: When did you meet
Senator Menendez?
Sellinger: All
the way back to 2000. Later we
golfed, with our sons. And
dinner with my wife, and he
with Nadine. AUSA: How many
people went to their wedding?
Sellinger: 65 to 70.
AUSA: When did
you begin speaking with Robert
Menendez about becoming US
Attorney? Sellinger: In 2016
in the run up to the election
between Hillary Clinton and
Donald Trump. At Senator
Menendez' recommendation I
spoke with Senator
Booker Sellinger:
Hillary Clinton was not
elected, so the discussions of
my becoming US Attorney came
to an end. AUSA: What about
2020? Sellinger: Joseph Biden
was elected President. I
expressed an interest again,
to Senator Menendez. We met
one on one at his office
Sellinger: It was Dec 15,
2020. I flew Tampa to BWI,
then Dulles to Sarasota. AUSA:
Was the meeting in your
calendar?
Sellinger: No. I
thought it might be disruptive
at my firm, Greenberg Traurig;
my secretaries had access to
my calendar. So I did not list
it Sellinger: I talked
about what I might to as US
Attorney. Then Senator
Menendez mentioned Fred
Daibes, that he thought he was
being treated unfairly.
Senator Menendez said he hoped
that if I became US Attorney I
would look at it closely
AUSA: How did you respond?
Sellinger: I said that any
case that came before me I
would take a look at. AUSA:
How many cases does the Office
have? Sellinger: Approximately
1500.
AUSA: Had you
heard of Fred Daibes?
Sellinger: Yes. In a lawsuit,
him and his bank AUSA:
What was your understanding of
Menendez' relationship with
Fred Daibes? Sellinger: I
understood that they were
friends. AUSA: The lawsuit in
which Mr. Daibes was adverse,
did Senator Menendez bring it
up in 2020? Sellinger:
No. AUSA: When you met
with Senator Booker, did
Senator Booker bring up any
particular cases?
Sellinger: No....
On the Daibes case, I called
Senator Menendez back and told
him that I might have to
recuse myself from any case
involving Mr. Daibes.
AUSA: When Menendez told you
he could not nominate you,
what did he say? Sellinger:
That the White House wanted
multiple candidates, something
else. This was in late
December. AUSA: Who did he
recommend? Sellinger: Esther
Suarez Sellinger: I told
Senator Menendez I would still
be interested. He said Ms.
Suarez had a second White
House interview. That was
early April 2021. AUSA: When
did Robert Menendez tell you
that you were being put
forward, recommended?
Sellinger: Early
summer AUSA: What was
the process? Sellinger: White
House interview, FBI
interview, interview by
Democratic and Republican
counsel for the Judiciary
Committee. AUSA: After you
were sworn in, how many cases
did you flag for possible
recusal? Sellinger:
Four. Sellinger: I was
recused from the Daibes case
and two others. Judge: We'll
break here
They've back.
AUSA: Did a lawyer from Fred
Daibes contact you? Sellinger:
Yes, in early 2022. I told him
I'd been recused. AUSA: Did
you speak with Menendez?
Sellinger: Two more times. He
called me. It was a social
call, I thought. He told me
he'd had an accident
Sellinger: Then his former
staffer Michael Solomon had
lunch with me and said, Can I
ask you a question? I said, I
cannot discuss cases with
elected officials or their
representatives. He said he
understood.
AUSA: Did he ask
the question? Sellinger:
No. Sellinger: I invited
Senator Menendez to my
investiture but he said no,
the only thing worse than not
having a relationship with the
US Attorney is people thinking
you have a relationship with
the US Attorney. AUSA:
Meaning? Sellinger: We had no
relationship
Cross
Menendez's lawyer
Weitzman: You attended
Menendez' wedding? Sellinger:
Yes. Weitzman: He was
affectionate to her?
Sellinger: Yes. Judge Stein:
Are you affectionate to your
wife? Sellinger: I try to be
Weitzman: Depends how long
married
Menendez's lawyer
Weitzman: When Senator
Menendez was considering you
in 2016, he didn't mention a
Daibes case, because there was
not Daibes case- Judge: Was
there a Daibes case in 2016?
Selllinger: I'm not aware of
one. Judge: Let's
conclude for the day.
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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