Saturday, October 14, 2023

On New Indictment of Sen Menendez as Egypt Agent US OK with Arraign Delay for DC Votes


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Oct 14 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars from former Mariner's Bank executive Fred Daibes , Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and presumably his wife Nadine Arslanian. This scoop was true.

On September 26, with more and more Democratic Senators calling on Menendez to resign, his Egypt connection Wael Hana was arraigned. He was arrested at JFK Airport, flying in. Inner City Press live tweeted, thread.

On September 27, Menendez himself was arraigned and pleaded not guilty. He was released on $100,000 bond with restrictions on communications with (some) Senate staffers. His wife Nadine, the bond was $250,000.

More on Substack here.

From September 27, AUSA: Judge [Sidney] Stein has set a conference for the overall case on October 2.

On September 28, Menendez asked to skip court on Oct 2, letter on Patreon here. Inner City Press will cover that, the day before SFB trial starts.

On September 29, Judge Stein granted the request: "ENDORSEMENT...Defendant Robert Menendez's request to be excused from attending the conference on October 2 is granted pursuant to Fed. R. Crim. P. 43(b)(3). (Signed by Judge Sidney H. Stein on 9/29/2023)."

But Judge Stein denied similar later requested by Nadine Menendez and Wael Hana. Both were present at the Oct 2 proceeding, as was Inner City Press, thread:

AUSA: We have 50 devices and now a Rule 41 warrant to search them for additional crimes... We expect some Classified Information Procedures Act litigation. We are mindful of the Speech and Debate Clause: there might be a right to interlocutory appeal

 AUSA: There may be a superseding indictment...Wael Hana's lawyer Larry Lustberg may be a witness in this case. We'll be asking for a Curcio hearing. We estimate a 4 to 6 week trial. Defense: We'd like a conference in mid-December. Judge: I'd like to move this case

 Judge: I feel we can try this in May or June, even April. Lustberg: April seems unlikely. Later is wiser than sooner. Finzi: Let's see what happens.

 Judge: Last day for discovery Dec 4. Jan 8, motions. Monday, May 6, trial commencement.

Note: US Attorney Damian Williams was at the hearing. Now in hall by elevators to see if any defense lawyer - or defendant? - will answer questions...

Full disclosure: Inner City Press knows Lustberg from a prior UN censorship case

On Saturday, October 14 on the superseding, agent of Egypt indictment, Menendez requested with US consent a delay from October 18 in arraignment: "We write on behalf of defendant Senator Robert Menendez to request that the Court adjourn his arraignment on the Superseding Indictment, presently scheduled for October 18, 2023 at 2:00 PM (D.E. 66, Order), until a time convenient for the Court on either Monday, October 23, 2023 or Monday, October 30, 2023. The reason for the requested adjournment is that Senator Menendez has previously scheduled Senate business in Washington, D.C. on Wednesday, October 18, including anticipated Senate floor votes. Accordingly, Senator Menendez respectfully requests that his arraignment be adjourned until either of the dates noted above. We have conferred with the government, and AUSA Daniel Richenthal has informed us that the government has no objection to this request."

More on Substack here

  Watch this site

The case is US v. Menendez, et al., 23-cr-490 (Stein)

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