SDNY COURTHOUSE, April 10 – 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, a conference was requested.
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 13, Menendez' lawyer argued that two sentences must be redacted: "The substance of the Redacted Sentences, if made public, will surely garner significant media attention, which likely would reach potential jurors." Letter on Patreon here.
On April 11, after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread:
OK - now at US v. Menendez, et al. Nadine has cited redacted health issue; DOJ says it would be OK to delay all co-defendants' trial from May 6 into the summer.
All rise! Judge Sidney Stein: We're only going to be dealing with legal matters & trial schedule. Please be seated. I have decisions on pending motions. Given the press of time, I'm going to deliver them orally... What I propose is I read the case name, not cites
Judge Stein: A lot has been happening in the last couple days. I have request for adjournment of the trial, which is set for May 6. Let's handle that first. It was sparked by a medical issue with Mrs. Menendez. When could she sit for trial?
Nadine Menendez' (outgoing) lawyer: We'll know in 2 months. Bob Menendez' lawyer: We don't want any delay. Every day the unproven allegations are out there, it could remove his ability to run. Also, we think severance is inevitable
Judge Stein: The medical issues are sealed - Bob Menendez's lawyer: There is a pending motion to withdraw - Judge Stein: Based on an actual conflict. Bob Menendez' lawyer: So she'll have to have a new lawyer. So July or August is not possible for all.
Bob Menendez' lawyer: Senator Menendez and the public have a right to a speedy trial, on May 6. An adjournment to July, unless the Court is going to sever [Nadine] is illusory. Attorney Lustberg: Like Mr. Fee, we have questioned speed. We're ready May 6
Lustberg: Mr. Hana has family in Egypt. He can't travel. Judge Stein: I thought he was bringing them here. Lustberg: They are not being allowed to travel to the US. I don't know why. He's not a Senator but the pendency of this matter is destroying his business
Judge Stein: He has a monopoly on bringing Halal meat, how is his business being harmed? Lustberg: Those who would prefer to have this contract are using this indictment to achieve that. I had another trial May 6 in NJ, the judge adjourned it to Sept 9
Judge: I'm concerned about Mr. Fee's point about Mrs. Menendez needing new counsel. AUSA Daniel Richenthal: There is gamesmanship here. The only thing new is Mrs. Menendez' health issue. They are trying to take tactical advantage. There should be no severance here
AUSA Richenthal: Mrs. Menendez' new lawyers would have eight to twelve weeks, that's enough. Judge Stein: They would have be to brought on. Bob Menendez' lawyer Fee: We prepared to May 6. AUSA Richenthal: We are ready. But we don't want to try this case twice
Bob Menendez' lawyer: We have a firm trial date: May 6. Mrs. Menendez going forward in July is not realistic, for the reasons in the sealed declaration. Mr. Richenthal is only arguing for the convenience of the Government. Lustberg: There is zero gamesmanship
Judge Stein: Given the medical issues, I think it is unclear when Mrs. Menendez could go to trial. So I am going to sever Mrs. Menendez - and the May 6 trial will go forward. For Mrs. Menendez, July 8 trial, we'll see in June if it's realistic
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