by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Oct 18 – 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."
On October 16 Judge Stein OK-ed Menendez's delay to October 23 at 3 pm - but also ordered "ORDER as to Robert Menendez, Nadine Menendez, Wael Hana, Jose Uribe, Fred Daibes. The Court expects the attorneys for all five defendants to be present at the pretrial conference scheduled for Wednesday, October 18, at 2:00 p.m. in Courtroom 23A.(Pretrial Conference set for 10/18/2023 at 02:00 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.)"
On October 17, Wael Hana wrote in to ask that his GPS be removed as painful, emphasizing his wife's interview with the U.S. Consulate in Cairo and his voluntary return.
On October 18, Hana's bid to have GPS removed was denied. Inner City Press was there, thread:
Judge Sidney Stein: Tell me about discovery.
AUSA: It's rolling production. This week we gave them communications with co-conspirators. Judge Stein: You said you had 50 electronic devices. Have you produced 29? AUSA: Two in their entirety, some for another 25
AUSA: We've given more material to our vendor, it's 7.7 million pages, it takes time to export- Judge Stein: What do you mean, export? AUSA: Taking it out of the vendor's platform. We're targeting December 4 Judge Stein: Sounds like your on schedule. Now Mr. Hana
Judge Stein: Mr. Lustberg, you say the GPS is painful and want it to be removed. Lustberg: He's willing to abide by the curfew. But the GPS is onerous - not as onerous as being in custody, but he voluntarily returned from Egypt. He has no passport.
Judge Stein: Of the scores who have come before me with GPS, none has said it was so painful. Is there something unusual I should know about it?
Lustberg: Most don't complain because they'd rather not be in the MDC. I haven't done the deep dive into extradition
Judge Stein: What about a change of heart? Lustberg: He has no passport. Judge Stein: Let me hear from the government. AUSA Richenthal: Maybe it can be moved to another ankle. My colleague Mr. Marks spoke with Pre-Trial and they oppose it.
AUSA Richenthal: Mr. Hana has commercial properties worth $25 million, he is deeply connected with Egyptian intelligence officers - they could get him a passport. We only agreed to bail due to GPS, the key component, and the $5 million bond.
Lustberg: Mr. Hana is resolute about staying here. If the Court wishes to wait on this application until his family gets here... Judge Stein: I am going to deny the application for the removal of the GPS.
Judge Stein: Let's do the arraignment, then the Curcio hearing. Mrs Menendez, please rise. How do you plead? Mrs. Menendez: Not guilty.
Wael Hana: I plead not guilty. Then the two others, Jose Uribe and Fred Daibes
More on Substack here
Watch this site
The case is US v. Menendez, et al., 23-cr-490 (Stein)
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