Endgame Extra: In Menendez Trial Defense is Denied Surrebuttal As US Cites Egregious Betrayal of US to Egypt
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by Matthew Russell Lee
SDNY COURTHOUSE, July 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 April 11, 2024 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
On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.
But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread
On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.
On May 14 jury selection continued but was not yet completed, from the ending, thread
Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here
Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).
On May 21, the US Attorney's Office put on Wael Hana's lawyer, then a US State Department official working on Congressional approval (or holds) on arms transfer to Egypt, thread here.
On May 23, with the trial in haitus, docketed was Menendez' lawyers opposition to quashing his subpoena for Jose Uribe's attorney proffer and communications with SDNY prosecutors, filing on Patreon here
On May 29, Inner City Press live tweeted, omitting Morton's steakhouse but including this
On May 30, Menendez's lawyer's (long) cross, including this.
On May 31, starting 1 pm, the agent was cross examined, and then USDA Ted McKinney on direct, thread
After the trial day, Inner City Press filed Menendez' walk to his Jersey-plated car; asked why he called McKinney he said, Wait for the cross [examination].
Nadine Menendez hired a new lawyer, who previously represented Sydney Powell among others. Then this: "ORDER as to Nadine Menendez: At the request of the defendant and with the consent of the government [Doc. No. 434], the status conference is adjourned from June 10 to June 12 at 5 :00 p.m.(Signed by Judge Sidney H. Stein on 6/3/2024)."
On June 4 Judge Stein dockted a partially redacted Order in which he denied Menendez's request that the prosecutors give him impeachment material about a Confidential Human Source they are not going to call as a witness - but Menendez said he will.
On June 5, Inner City Press live tweeted - and afterward asked Menendez a question. Thread.
On June 6, after more cross of Agent Graves, Gurbir Grewal testified, thread
On June 7, after an FBI fingerprint expert, cooperator Jose Uribe, Inner City Press live tweeted, thread
On June 10, Uribe finished his direct examination around 4 pm, then counsel for Hana, not yet Menendez, began cross examination, thread.
On June 11, Uribe was cross examined - though not on the "strip club issue" after which out on Worth Street Menendez decried Uribe's crimes. Thread
On June 12, after the end of Uribe (including drunk driving and the "little bell"), US Attorney of NJ Sellinger took the stand, thread.
On June 13, trial day - and next day - was canceled by Daibes calling in with COVID: thread.
And then, book: GOLD BAR BAR Menendez Trial I, on Amazon here.
On June 18, after Daibes' COVID, things resumed with Sellinger, followed by Matt Soliman.
On June 20, alongside an FBI agent summary witness, a prosecution office witness out of order, thread.
On June 24, Menendez's staffer Sarah Arkin took the stand, from the thread
On June 25, Sarah Arkin finished up, including about upcoming job at State Department. Then, a currency (and money laundering) expert from the Federal Reserve Bank of New York. From the thread
On June 26, there testimony about currency, and then a jocular Armenian jeweler, from the thread
On June 27, the Senate Ethics Committee director, then a cell site expert, from the thread
On June 28, the last US witness, on Menendez's M&T account, and gold in Nadine's Chase Bank safety deposit box, thread
On July 1 the defense case began, his and Nadine's sisters amid a flurry of motions, thread
On July 2, at 5 instead of 4 pm, rapid rulings on exhibits to set up Menendez's defense resting on Friday, thread
On July 3, Team Menendez rested (then outside court Menendez said the US had not proved its case so he didn't testify), thread
On July 8, after a Hana witness and charge conference, half of the prosecutors' closing, thread
On July 9, the rest of the prosecution's summation, then Menendez's lawyer Adam Fee, not yet finishing (and Menendez silent on his way to his car), from the thread
On July 10, more of Menendez's closing, then all of Hana's, and the first part of Daibes - then on the sidewalk, Menendez himself spoke of the government's "lies" - thread
On July 11, Daibes' lawyer then a lengthy rebuttal, some instructions - from the thread:
Daibes' lawyer de Castro: ... Suarez was endorsed by the Hudson County Prosecutors Association. She was qualified... Bob tapped Sellinger. He didn't check the diversity box, sure. The lunch with Sellinger? It was also about a friend who was the victim of ID theft
Daibes' lawyer de Castro: There is no evidence Senator Menendez knew in advance about the lunch with Paul Sellinger, I mean, Phil, sorry. The government doesn't know what was discussed. They want you to assume, to speculate. There were no texts about substance
Daibes' lawyer de Castro: Signal and WhatsApp are encrypted - many people use them. But there's no message saying, "I'm paying you to make my case go away." Mr. Monteleoni said, This was him telling Daibes he is trying to influence the case. But where is that?
Daibes' lawyer de Castro: If Mr. Daibes was really bribing Senator Menendez, wouldn't Fred call him up and ask, Why is my case not going away? What benefit did Fred really receive. Why would he have to bribe his friend of 30 years. My predictions were true
Daibes' lawyer de Castro: The sultans invested based on their due diligence. They were introduced to the Senator, sure. But the investment was separate. Why would they invest tens of millions to get a Senator? They didn't need any more praise in Washington.
Daibes' lawyer de Castro: The resolution praising Qatar was sponsored by two other Senators. Like with Egypt you cannot connect any gold or cash going to the Senator. Did the evidence show when this gold bar was given to the Menendezes? It was a gift for good will
Daibes' lawyer de Castro: We didn't contest the fingerprint. But when were they put there and why? They have a range of two years or best. A quid pro quo must be explicit. There are gifts you can give to a public official, to build good will - it's not bribery
Daibes' lawyer: You can't speculate with a man's life. They have no witness about Mr. Daibes' gold. At best they have shown Mr. Daibes gave good will gifts - gifts, not bribes. Was it give before or after the introduction to the Qataris? Were they just gifts?
Daibes' lawyer: Mr. Daibes is not guilty. Thank you for your time. Judge: The government is not on trial. Similarly. that a person was not called as a witness - each party had an equal opportunity to call them. A defendant has no burden to call any witness. Judge: You'll hear the rebuttal, then my charge, then deliberate.
AUSA Richenthal: Over the past two days you've heard from a lot of lawyers. You've heard from defense counsel for hours. They are committed advocates for their clients. But loud, is not true
AUSA Richenthal: Trials are not about how speaks the longest. Lawyers talk. What *speaks* in court is evidence. Mr. Fee suggested that if you don't have a video you don't know what happened. Not true. There were verdict before video, or DNA, or fingerprints
AUSA Richenthal: Mr. Fee said, There is not one witness who said he bribes Senator Menendez. False. Jose Uribe pled guilty to bribing Senator Menendez... Defense counsel told you that Bob - that's Sen Menendez - called it an abusive prosecution. It didn't happen
AUSA Richenthal: This was not about truckers, it was about the Mercedes Benz... Nadine's sister? She couldn't remembered ever seeing a kilo bar of gold in there. Look at what the evidence actually shows. Mr. Fee and Mr. Lustberg claim Egypt didn't want the info
AUSA Richenthal: You're asked to accept, according to Mr. Fee, if a bank sees cash in one bill in 2006 they take it. That may have come as a surprise to you - have you ever had banks seize cash from you? That's not how banks operate Judge: Let's take a break.
During the break, Menendez's lawyer Adam Fee is asking for a sur-rebuttal. Judge Stein: Denied. Now, take a [shorter] break. Thread will continue when jury returns. Jury entering!
AUSA Richenthal: Welcome back. Section 219, that's just lawyer-talk for public official acting as a foreign agent. Mr. Fee said, in substance, The cash is whole case. [A beat.]
It damn well is not. This is Robert Menendez's jacket. This says $10,000 AUSA Richenthal: This is Fred Daibes' money. And here is the famous Forever 21 bag, inches away, with $95,000 cash in it. You're being asked to accept that this is Nadine's cash. But just because Nadine's daughter shopped there doesn't mean Bob can't use the bag
AUSA Richenthal: Mr. de Castro said you can't know when this bribe was given. But we know it could not have been earlier than 2021. Mr. de Castro also argued they were good will gifts. But this is in the time frame of the conspiracy. AUSA Richenthal: Mr. Fee argues the the embassy information was public, so that whole case fails. But giving that embassy information was an egregious betrayal of the country. He knew it wasn't public.
AUSA Richenthal: Mr. Fee said the US staff travel in on diplomatic passports. But there are the Egyptian staff too. They don't travel in. What Menendez sent says, Local staff. This is not on Google. The internet works in Egypt. But they couldn't get it on Google
AUSA Richenthal: Absorb this - a sitting US Senator is giving this information to a foreign country *through his girlfriend.* Nadine gave it to Will Hana, who gave it to Egypt... You learned a lot about Nadine in this case. Does she seem like a diabolical genius?
AUSA Richenthal: Do you think Nadine could pull it off? Don't answer - there's no evidence she tried to hide it. Jose Uribe? You don't have to like him. But does he strike you as crazy? The defense told you he was drunk and high. There is no evidence of that
Judge: It's 1 pm, Mr. Richenthal. How much more do you have? AUSA Richenthal: I've got some. Judge: Let's break
Judge Stein: Bring in the jury. [Jury enters] AUSA Richenthal: Mr. Fee asked you to believe certain parts of Jorge Uribe's testimony about not others. Mr. Lustberg did much the same thing, but in his own way.
AUSA Richenthal: Nadine was supposedly fired in November - but she got a check. So what is going on? Here's a message from Nadine from Daibes, about payment. Daibes only asks, How much does Will owe you? Daibes is part of the scheme.
AUSA Richenthal: Was this advocacy? The US embassy information, was it advocacy? No. And the Jamil [sic] Khashoggi advice, was that advocacy? No. Ghost-written letters... Is that advocacy? Sounds like bribing
AUSA Richenthal: It's been an eight week trial, but if you remember one thing, make it Senator Menendez excluding his professional staff from the Egypt meetings. That's called being a foreign agent.
AUSA Richenthal: You shouldn't forget about Qatar. They showed you press releases, a tweet, claiming everyone loved Qatar. How many of them had gold in their house from a man seeking to do business with Qatar?
AUSA Richenthal: Menendez is himself a lawyer. His lawyers showed up for the meeting, the US Attorney himself was in the room. These are not random misstatements - these are lies. The lawyers didn't know they were lies. It's a scheme, ladies & gentlemen
AUSA Richenthal: At the end of the day Robert Menendez was not the victim of Wael Hana or of Nadine - he was the victim of wanting stuff. Let me try to retell it as if it didn't involve bribes. There's a handwritten invitation - why? Did the computers break?
AUSA Richenthal: In this version of the story, Menendez is using his girlfriend literally for no reason at all... You have to believe he gave sensitive information to Egypt just because, not for money. These things happened.
AUSA: It's tragic and it's horrible but it's true. It's the only way to make sense of what you have seen over the last two months. The evidence says, They did it. They're guilty. Judge: We'll break
Now before the legal charge, Menendez's lawyers are arguing with jury out of room that AUSA Richenthal shouldn't have said Menendez only called about 1 case
AUSA Richenthal: What I said was accurate. I stuck to the record. Judge: I deny any sur-rebuttal Judge: Take a few moments, I want to bring this jury back [to *begin* the legal instruction, which was slated to end before lunch on Friday - then deliberations]
All rise! Jury enters. Judge: Ladies and gentleman, the summations are over. I'll start my legal charge and continue tomorrow. You will get free lunch and deliberate. I have had the charge handed out, I didn't use to do that [Reading of legal charge begins] [It seems this jury charge is not yet in the docket] Judge Stein: Proof behind a reasonable doubt means you would act up it in important affairs. It is not suspicion, nor an excuse not to perform an unpleasant duty...
Judge Stein just let the jury go, he'll continue reading his instructions tomorrow, Inner City Press will live tweet to the end - and beyond. Gold Bar Bob II
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