Saturday, March 9, 2024

In Sen Menendez Case Motions to Suppress and for Franks Hearing Denied


by Matthew Russell Lee

SDNY COURTHOUSE, March 4 – 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 4, Judge Stein denied motions: "OPINION & ORDER as to Robert Menendez, Nadine Menendez, Wael Hana, Jose Uribe, Fred Daibes. Defendants Robert Menendez ("Menendez") and Wael Hana have separately moved for (1) a Franks hearing to assess allegedly material misstatements and omissions in certain of the government's search warrant applications and (2) an order suppressing evidence from additional warrants seeking electronically stored information on the grounds that they are "general unconstitutional warrants." (ECF Nos. 139 (Hana), 157 (Menendez).) For the reasons set forth below, Menendez's Motion to Suppress Search Warrant Returns is denied and Hana's Omnibus Pretrial Motion is denied to the extent he seeks a Franks hearing and suppression of evidence....Menendez's Motion to Suppress Search Warrant Returns is denied and Hana's Omnibus Pretrial Motion is denied to the extent it seeks a Franks hearing and suppression of evidence. Menendez and Hana have failed to make a substantial preliminary showing of material misrepresentations or omissions that, based on credible evidence, are deliberately or recklessly misleading. Additionally, the challenged Menendez and Hana ESI Warrants do not violate the Fourth Amendment's particularity requirement. SO ORDERED: (Signed by Judge Sidney H. Stein on 3/4/2024)." Order on Patreon here

More on Substack here

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