In
Menendez Trial
US Spends 2
Hours on Half
of Closing
Then Menendez
Says Only
Charts
by
Matthew Russell Lee
SDNY COURTHOUSE,
July 8 – 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, from the
thread:
OK - US v.
Menendez charge conference
now, Wael Hana witness by
video at 11 am - then closings
Menendez's lawyer
Weitzman: We note that Mr.
Daibes hasn't even seen a need
to cross examine most
witnesses... Nadine is the hub
of the conspiracy...
AUSA Richenthal: It is
entirely reasonable for us to
argue that Senator Menendez
told him lawyers what to say.
The jury can decided it. But
we can argue it. Menendez's
lawyer Weitzman: The number of
times the government argues-
Judge Stein: Slow down.
Menendez's lawyer Weitzman:
Nadine could have given Abbe
Lowell that information. You
can't say there is evidence in
the record that Senator
Menendez gave it to Abbe
Lowell. Judge Stein: That's up
to the jury.
AUSA Richenthal:
We intend to move to put in
four documents as a rebuttal
case. Judge Stein: Did you
provide them to the defense?
AUSA: By email yesterday.
Menendez's lawyer Weitzman:
Only by 9 pm. We want them
out. AUSA Richenthal:
They are trying to get into
evidence a press release about
Qatar and the Gaza War- a Nov
12, 2023 release. Judge Stein:
You mean the October 7? I
can't see how that comes in.
Now we'll do a tech check to
see if Mr. Hana's witness can
be heard
OK - now Hana's
witness on the stand / video
screen. Hana's lawyer
Lustberg: Did you attend an
audit of this certifier
Ifanca? Witness (Said Mustafa)
- Yes. And I went to three
slaughterhouses in the United
States. Also, two Islamic
Centers, with my team.
Hana's witness Mustafa: I
noticed that by the
slaughtering Center in
California the lateral slit of
the throat - it violated the
rules of halal, requires
transversal cut. So this
Islamic Center, I noticed
that. Hana's witness
Mustafa: Another
slaughterhouse, they showed us
a video but it was told.
Hana's lawyer
Lustberg: How did you know it
was old? Mustafa: The picture
quality was bad. It was also
on YouTube. Also their method
stunning did not comply.
Lustberg: No more Cross
examination. AUSA Richenthal:
You work for the Egyptian
government? Hana's witness
Mustafa: Yes. AUSA: You had a
visa denied last year, right?
Mustafa: Can I answer? AUSA:
Yes or no.
Mustafa: I was
informed I had to wait,
administrative process
refused AUSA Richenthal:
Your focus was on food safety,
not halal certification,
right? Hana's witness Mustafa:
Correct. AUSA: You visited the
US for the Egyptian government
before, right? Mustafa: Yes,
in 2013.
AUSA: And you
certified Amana of NY? Yes. No
further cross Judge:
Jurors, let me excuse you for
10 or 15 minutes Jury leaves.
Judge: I think I should
allocute Mr. Hana. Please
rise, Mr. Hana. You have a
right to testify. It's your
decision and yours alone. You
don't want to? OK, then I
assume you rest? OK.
AUSA Richenthal: We need time
between the charge conference
and our closing. Judge: You
can call that lunch. [Some
laughter]
I'll give the
government time. Jury
entering! Judge: Is there a
rebuttal case? AUSA Pomerantz:
2 exhibits. Judge: Admitted.
US rests Judge: So I'm
giving you a long lunch, then
government summations... We
are still on track. Thank you.
Jury leaves.
Charge conference
continues.
AUSA: The 219
charge incorporates if the
action benefits the foreign
principal... Our position was
upheld in US v Calk
Menendez's lawyer Weitzman: We
tried to subpoena a US State
Dep't employee Ms. Cresi --
AUSA Richenthal: We oppose the
proposed missing witness
instruction. This is
outrageous. They want jurors
to think there are witnesses
out there Judge: I reject the
instruction Judge: OK,
we have a charge. Go get some
lunch. After that, the
government's closing.
[Update: 5
minutes before US v. Menendez
closing arguments, just
spotted / greeted by the US
Attorney's (sub) Office by the
Mag court, Damian Williams.
Guessing he'll be attending
the Menendez closing]
All rise!
AUSA: I may go a bit past 5...
Judge Stein: I'll have my
deputy ask them at the break.
Jury entering! AUSA Paul
Monteleoni: The FBI in their
home found cash everything,
stuffed in his boots. A
Mercedes in the garage. 11
one-ounce gold bars, 2 kilo
bars AUSA Monteleoni:
They found evidence of
Menendez receiving reports
from his wife about these
things. These were bribes that
Menendez took from Wael Hana
and Fred Daibes for promises
of official action. Egypt set
up Hana with a halal
monopoly.
AUSA Monteleoni:
Fred Daibes' fingerprints were
on the tape on the cash. Why
did Hana and Daibes shower
Menendez with this gold and
cash? The promise of power.
Robert Menendez, chair of the
SFRC, put his power up for
sale AUSA Monteleoni:
Menendez promised to give
confidential US information to
the government of Egypt. He
promised to recommend an AUSA
to influence Daibes'
prosecution - for Daibes he
promised a resolution for
Qatar, so Daibes could get an
investment
AUSA Monteleoni:
There are the FARA charges,
Menendez acting for Egypt.
Then, obstruction for Daibes,
and Menendez' attempts to
obstruct the SDNY prosecution.
On the Egypt bribery counts, I
expect the judge will instruct
you about things of value...
AUSA Monteleoni:
Hana gave meals, Daibes gave
transportation, these were the
least of it. There's a sham
job - Hana offered payment to
Nadine in the form of a job.
She made sure Menendez knew
it. April 2018 she told Hana
she was talking with Menendez
about 2 deals AUSA
Monteleoni: Nadine said she
kept every promise to Will -
meaning, she got Menendez to
do things. She wrote to him,
"Seems like halal went
through... Might be a
fantastic 2019 all the way
around." She couldn't find a
consultants contract at
Staples so he did
AUSA Monteleoni:
Hana's and Daibes' bribe
payments were secret, but not
from Menendez. The elliptical
machine, it was for Bob, it's
in their bedroom. Daibes gives
Menendez a gold bar when
Menendez and Nadine come back
from Qatar and Egypt.
AUSA Monteleoni:
Daibes came by *with donuts*
then Menendez searches for the
price of a kilo of gold.
Daibes bought donuts *with the
gold.* Two kilos were found.
They had serial numbers
tracking back to Daibes.
Nadine's family gold is a
distraction
AUSA Monteleoni:
Hana gave Menendez an air
purifier; his lawyer offered
carpeting service, then other
services. If Menendez
pressured the USDA to accept
Hana's halal monopoly, that
was a promise of official
action. Did he have corrupt
intent? Yes.
AUSA Monteleoni:
Menendez writes up Egypt's
response on human rights. He
and Nadine have dinner with
Hana at Mr Chao's, a Chinese
restaurant in midtown here in
Manhattan. Menendez does not
want Sarah Arkin at the
meeting. They got to Morton's,
the FBI catches them
AUSA Monteleoni:
This McKinney call by Menendez
is all you need to find all of
the defendants guilty. Then
there the case of the American
hurt in an airstrike. Helmi
has a question for Menendez.
And he gets an answer in 20
minutes. That's access.
AUSA Monteleoni:
Why is Nadine getting involved
in $99 million in tank
ammunition to Egypt? Why is
Will Hana, then a failed
trucker? It moved unusually
fast. They're sending
thumbs-up emojis. Menendez
meets with Egyptians to give a
heads-up on Khashoggi
questions
AUSA Monteleoni:
Menendez was acting like a
bought man because that's what
he was. He knows Nadine is not
a consultant. Her sister
confirmed Nadine never worked.
But she became Hana's 2d
highest paid employee.
AUSA Monteleoni: Your Honor,
this might be a good place for
a break. Judge: OK, we'll
break.
AUSA
Monteleoni: Honest services
wire fraud also on the Egypt
scheme. It deprives the people
of his honest services. Then
there's the Jose Uribe scheme,
promises of official action.
The promise to attempt to
pressure Grewal. This timeline
is overwhelmingly
obvious
AUSA Monteleoni:
Menendez did not call Grewal
based on research into
discriminatory prosecution -
it was based on a Google
search of the price of getting
Nadine a new Mercedes....
After Uribe says I will not
forget you. Menendez summons
Grewal... AUSA
Monteleoni: There is so much
more... that it might make
more sense to do it tomorrow.
[Laughter in courtroom] Judge:
OK, until tomorrow.
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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