Friday, March 29, 2024

In Sen Menendez Case He Will Not Appeal Speech and Debate Loss So May 6 Trial Holds


by Matthew Russell Lee

SDNY COURTHOUSE, March 28 – 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 January 10 Menendez filed a motion to dismiss, arguing "the government shockingly fails to disclose the exculpatory fact that [REDACTED]." Full filing on Patreon here

Late on January 10, docketed on January 11, Inner City Press filed to unseal Menendez' redactions - and documents "in the vault."

On January 17, after the NYT also requested (and cited Inner City Press), Judge Stein ordered the parties - including DOJ - to respond by January 22.

On February 1, Judge Stein granted some unsealing - including of some of the material in the vault which Inner City Press requested. Order here.

On March 6, after a guilty plea and then a superseding indictment was filed, counsel for Wael Hana wrote in. Letter on Patreon here.

On March 11, Inner City Press live tweeted the arraignment, and Judge Stein's ruling that the May 6 trial data holds, unless the 2d Circuit stays it on an interlocutory appeal. Thread here

On March 21, Nadine Menendez was before Judge Stein for a Curcio hearing, thread

Judge: Are you appealing? Sen Menendez lawyer: It's up in the air Judge: And you're being transparent [sarcasm] Counsel: It's complex AUSA: We don't plan a lot of 404(b).  Judge: March 29 remains the 404(b) deadline. We are adjourned.

On March 28 - after announcing he will not run in the Democratic primary for "his" NJ Senate seat but might as an independent, Menendez through counsel informed that he will not file an interlocutory appeal: "We write to advise the Court that Senator Menendez has elected not to exercise his right to file an interlocutory appeal of this Court’s Order denying his Motion to Dismiss on Speech and Debate Clause and separation of powers grounds (ECF No. 252). The Senator’s decision is principally motivated by his desire to proceed to trial and establish his innocence without further delay. This decision is not intended to, and should not be deemed to, waive any substantive right or argument the Senator has to object to the admission of evidence at trial in violation of his Speech and Debate rights. The Senator reserves all rights to seek appellate review of any and all appealable orders, including the Order referenced above, should it be necessary after the conclusion of trial."

More details on X for Subscribers here and Substack here

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