Saturday, March 23, 2024

In Sen Menendez Case Nadine Waives Lawyer Conflict Assumes Stipulation May 6 Trial Holds


by Matthew Russell Lee

SDNY COURTHOUSE, March 21 – 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

OK - now at Nadine Menendez "Curcio" hearing, US says her lawyers might be witness at [for now May 6] trial,Nadine Menendez is seated at defense table, now with three lawyers.

 All rise!

Judge: The defense is correct here, the government should fish or cut bait if they will call counsel as a witness

 Judge: The trial is in 6 1/2 weeks, unless there's an appeal to and stay from the 2d Circuit. Decide on a stipulation, if you can, in 2 weeks: an anonymized affidavit. [Nadine Menendez and her lawyers have stepped out of the courtroom to confer how to proceed. Beyond the 3 prosecutors in front, there are more here in the gallery]

[Nadine Menendez and lawyers come back up] Defense: If there is a disqualification, a May 6 trial would be impossible.  Judge: Let's assume you work it [the stipulation] out. This Curcio hearing will be on the more limited issues I call Bucket 2

 Judge: Normally this can be solved by not letting the jury know that defense counsel is the source. But if agreement is not reached, your lawyer could be disqualified... what's your native language? Nadine Menendez: French...I am 57 and have a Masters from NYU

 Judge: Your lawyers may have been present at a meeting that will come up at trial, about payments on a Mercedes by Mr. Uribe [who quietly pled guilty] and on your mortgage by Mr Hana. That could present a conflict.

Judge: They're going to be restricted in the arguments they can make.

Nadine Menendez: By the stipulation? Judge: Because they have knowledge of the underlying facts. Do you want them to continue? NM: Yes.

 Judge: I accept the waiver... I understand Mr Menendez' counsel has an issue? Counsel: We've asked for 404(b) material before March 29. My client has a prior case, you may be aware.  [Nadine Menendez leaves]

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.

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