In
Menendez Trial
After US
Closing
Defense Cites
Speech or
Debate Clause
Gray Zone
by
Matthew Russell Lee
SDNY COURTHOUSE,
July 9 – 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, thread
On July 9, the
rest of the prosecution's
summation, then Menendez's
lawyer Adam Fee, not yet
finishing (and Menendez silent
on his way to his car), from
the thread:
Jury entering!
Judge: Mr. Monteleoni, you may
continue with the Government's
summation. AUSA Monteleoni: I
have several hours more, more
counts &I will be speaking
slower. Now, the NJ AG counts.
Menendez says, give my
girlfriend a Mercedes and give
me a case number
AUSA
Monteleoni: Menendez used a
fake claim of discrimination
because it was serious and
could get the case dismissed.
Parra's lawyer who had
reviewed the case did not
believe it was discriminatory,
only that it was about a
private debt
AUSA Monteleoni:
Menendez wanted that car too,
he wanted to keep Nadine
happy. Nadine checked with
Menendez on the color scheme -
"which one do you prefer?" She
is furious at Hana for leaving
to Egypt. He was supposed to
take her to the car dealer,
Ray Catena AUSA
Monteleoni: This is the kind
of relationship in which they
share things, including how
Nadine was able to get the car
she could not afford in
January. And when it's done,
"Congratulations, amour de ma
vie, we are now the proud
owners of a 2019 Mercedes"
AUSA
Monteleoni: Nadine got a flip
phone because her ex boyfriend
was spoofing her with texts.
The flip phone was not
registered on Nadine's name,
and Menendez called her on it
- it's part of Menendez's
efforts to cover his
tracks
AUSA Monteleoni:
You saw Uribe. He was straight
forward, the same on cross as
on direct. Now they argue that
he was lying about a bell, of
all things. But Nadine was
trying to buy a bell. Menendez
is not the puppet of the
person he is calling with a
bell.
AUSA Monteleoni:
This is not about passing
judgment on Menendez's
marriage - it's about, he
calls the shots. It's like
with the bell. And Uribe only
gets to sit in the backyard
with Menendez and cognac
because he is paying for
Nadine's car Judge: I
want to give the jurors a
stretch break... [Jurors
stretch]
AUSA Monteleoni:
It's interstate - the payment
to Mercedes Benz Financial
Services in Michigan was made
from The Bronx. That provides
venue as well, The Bronx is in
the SDNY. The waters,
too. AUSA
Monteleoni: Now the Qatar
bribes and the NJ US Attorney
position. Daibes gave Menendez
at least one $10,000 pack of
cash. Look at this black men's
jacket with a TD Bank envelope
of cash in it. Next to his
shoes. On the tape, it's
Daibes' fingerprints
AUSA Monteleoni:
At least one of the bills was
first put into circulation in
October 2020. And Menendez was
not locked out of his own
bedroom or his own closet.
Don't be distracted by her son
Andre's skull tie being in
there. In the safe, 4 more
envelopes of cash
AUSA Monteleoni:
Daibes tells Nadine, Bob is an
amazing friend, amazing in all
he did. What did he mean? He
installed Sellinger as US
Attorney. They now try to
imply this was all about
Menendez's shoulder surgery.
That makes no sense.
AUSA Monteleoni:
A few weeks later, Menendez
reached out again to the US
Attorney's Office. Right the,
Daibes' driver meets Nadine
and she writes, thanks,
Christmas in January! Then she
goes to the jeweler with two
gold bars to sell. Quid pro
quo, this for that
AUSA Monteleoni:
So, let's talk about what the
defense chose to put before
you to try to explain where
all this cash came from. They
had no burden, but they did.
Remember Menendez's financial
analyst? He admitted a page
was inaccurate
AUSA Monteleoni:
Even using Menendez' own
assumed numbers, and assuming
he never spend a dollar of
what he withdrew back to the
1990s - it's still $90,000
short. This bag is *inches*
away from Menendez's jackets.
This is not the daughter in
law's bag
AUSA Monteleoni:
Daibes gave at least four kilo
bars of gold. That is not a
friendship gift. They were
worth close to a quarter of a
million dollars. And there
were two more bars, only the
serial numbers weren't written
down or photographed.
AUSA Monteleoni: Menendez used
his official position to
obtain cash and gold. Was
there an agreement, a
conspiracy to commit
extortion? Of course there
was. As to FARA - did Menendez
engage in political activity
for Egypt? Yes. The draft
letter
AUSA Monteleoni:
Menendez advised how Egypt
should respond to questions
about its role in the killing
of Jamal Khashoggi. That was
political activity. Then his
own staff said, All of this
Egypt stuff is very weird. You
know about the no show job
with ISEG Halal AUSA
Monteleoni: Venue is satisfied
by the dinner at Mister Chao's
in Manhattan. Then came the
obstruction. His lawyers went
to the [SDNY] US Attorney's
Office and said Menendez
didn't know about it - that
was a corrupt endeavor to
obstruct justice
AUSA Monteleoni:
All of the defendants are
guilty. Don't lose sight of
the forest for the trees. The
reason for the "Find My
iPhone" app doesn't matter.
This is about a politician who
put his power up for sale and
the people who were willing to
pay him for it. AUSA
Monteleoni: The case is about
whether Cuban store cash in
their house. It's not about
whether all the cash in his
house is from bribes- it's
about if any is from bribes.
Look at the conduct. He
believed that the power
entrusted to him is his, not
the public's
AUSA Monteleoni:
Menendez blames Nadine for all
the bad searches on his phone,
for what's in their bedroom
closet. Blaming his daughter
in law for what's in his
basement. Passing the buck to
those close to him. The buck
stops here, the 1000s of bucks
stop here. AUSA: Find
them guilty. Judge: Let's
break.
[With jury out]
Menendez's
lawyer: They came very close
to Speech or Debate, talking
about the power to approve or
deny 100s of millions of
dollars of lethal aid. We're
not even sure what relief
we're asking for at this
point. We'll discuss it over
the break. They're
back. Judge: It's unfortunate,
but I don't think I'm going to
intervene on it. Mr. Fee, you
may begin. Jury entering.
Menendez's lawyer Adam Fee:
Hey everybody. This is
important for my client. You
have the opportunity to acquit
him of every charge.
Menendez's lawyer
Fee: A one sided story sounds
compelling. So our goal has
been to try to point out to
you where are you getting half
truths, the absence of
evidence being filled in. They
have not met their burden. The
cash and gold were not
bribes
Menendez's lawyer
Fee: If he made a simple two
minute phone call, could it
just be for a constituent?
Yes. It was good for the
country. I'm going to call him
Bob. Let's look at the closet
- it's locked, women's
clothing, a locked safe
Menendez's lawyer Fee: The
prosecutors were workshopping
their case during the trial,
even during their summation.
Here's what the Agent said:
gold and cash. You don't know
anything about Qatar, Daibes -
they want you to focus on the
gold Menendez's lawyer
Fee: The blazer should make
you ask, is it a credible
story? This is a case with a
lot of inferences. You don't
have a text or an email on
this. The agent changed his
testimony. We showed the ties
- they were teenage boy's
ties
Menendez's lawyer
Fee: They want you to fill in
the gaps in their evidence.
Note - the number of embassy
employees is public. Period.
Here's the thing though - I
think you found something
interesting in the testimony.
I don't think they realized
it's public.
Menendez's
lawyer Fee: When US diplomats
go to Egypt, they go through
the airport. They have
diplomatic passports. Egyptian
intelligence knows. Anyway Bob
Menendez sent the information
to Nadine, and SHE went it on
to other people.
Menendez's lawyer
Fee: You don't have to find
him innocent. You have to
question the government's
case. They keep ignoring the
evidence that it bad for their
story. This shows you what
you're dealing with.
Menendez's lawyer Fee: They
take one line of one of their
charts and tell you, it proves
conspiracy. It's not true.
Proving conspiracy is a
serious thing. And they are
lacking in credibility. I'm
not going to spend my time
dealing with this cherry
picked nonsense.
Menendez's lawyer
Fee: If you listen to them,
it's like Scrooge McDuck
swimming in gold. Who has that
much cash in their house? [A
beat] Don't answer that
question. Look, it is not
unusual in these communities
to give gold, to give the
bride's weight in gold
Menendez's lawyer
Fee: The gold with Daibes'
serial numbers on it? Photo on
Nadine's phone. Nadine had to
find a way to get by without a
career. These are the items
that Katia told you were
divided between them. Nadine
was supporting himself by
selling gold Menendez's
lawyer Fee: The Senate Ethics
witness, she disproved the
charges, I could submit. She
was told that Bob approached
Senator Coons about the gold
that Nadine had. Bob asked her
want to do, and he did
it.
Menendez's lawyer
Fee: Bob filed the forms about
the gold months before the
search warrant. There is no
evidence he knew he was under
investigation. Bob decided to
go to the Ethics people, and
disclosed. There was a media
frenzy. It is unusual. Not for
Nadine Menendez's lawyer
Fee: Even if he was taking
bribes, this doesn't make
sense - it is being twisted.
The gold and the cash hooks
you. I can spend six hours
tell you this. Judge: Let's
break. [With jury out]
AUSA Monteleoni:
He continued to run afoul of
the Court's rulings. He
repeatedly referred to what
the jury would do - he said,
Imagine facing that - I found
myself wanting to object, I am
trying not to. That is
improper, I have never seen it
done
Judge: Mr. Fee?
Menendez's lawyer
Fee: It is totally
appropriate, rhetorically
appropriate, to point out that
they are filling in the gaps
without calling witnesses.
Judge: You can point out the
burden, and that they are
relying on charts. But you
cross the line
Menendez's lawyer Fee: If the
prosecutors want you to
believe that terrorists want
this information, they could
have done a better job.
Judge: I'm going
to read the jury the uncalled
witness charge
Jury entering!
Judge: There were references
to things being public, that
you could find online, Google
- no, don't do it. And each
party had an equal opportunity
to call any person as a
witness. The law does not
impose a duty on the defense
to call any witness.
Menendez's lawyer
Fee: Bob like most of us has
done a lot of Google searches.
So why did he search gold?
It's common in his circles.
You're only seeing a slice of
his life. Bob was working
diplomatically. Vasken
Khorozian, the jeweler who I
miss, talked about it
Menendez's lawyer
Fee: They are arguing that any
money Bob didn't take out of
an ATM must be evidence of a
bribe. That has not been
proven. There is zero evidence
of Bob ever discussing a
bribe, or suggesting he was
doing something for a
bribe
Menendez's lawyer
Fee: Nadine also had cash in
that house. She lived her life
largely outside the banking
system. Her family had that
tradition for decades. Much of
the cash in the house was
old... Judge Stein: Mr.
Fee, will you be finishing
today?
Menendez's
lawyer Fee: I will not. Judge
Stein: So we'll go to 5 pm,
then pick it up
tomorrow. Menendez's
lawyer Fee: Bob's praise of
Qatar was a drop in an ocean
of praise. [Puts up slide]
Judge: We'll end for the day
here.
Jury leaves
Judge: How
much longer? Fee: 1 1/2 to 2
hours. Lustberg for Hana: 2
1/2. De Castro for Daibes: 1
hour or 1:15... Inner
City Press will continue
coverage
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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