Sen. Bob Menendez seeks a separate trial from his wife in bribery conspiracy case
By Kara Scannell, CNN
(CNN) — Sen. Bob Menendez asked a judge to let him go to trial first on bribery charges, arguing that if he is tried alongside his wife, he will be forced to choose between defending himself and testifying against her.
Calling it a Catch-22, lawyers for Menendez argued that the New Jersey Democrat would be forced to make an impossible choice. The arguments, which were outlined in a court filing Monday, reveal more about the potential defense Menendez could mount and the potential schism that exists with his wife, Nadine, a co-defendant in the case.
“Senator Menendez intends to present a defense arguing (in part) that he lacked the requisite knowledge of much of the conduct and statements of his wife, Nadine, and thus lacks scienter and did not agree to join any of the charged conspiracies. By this defense, Senator Menendez’s legal team may have to argue, in effect, that any unlawful conduct—and we are aware of none—involved the actions of others (including Nadine), not the Senator,” his lawyers wrote.
The attorneys said the senator “will be forced to choose between his right to testify in his own defense (and being examined about his own wife’s conduct) and his right to exercise his own testimonial spousal privilege to decline to offer testimony in any case against Nadine.”
Earlier Monday, Nadine Menendez also asked the judge to sever their trials citing the same “irreconcilable conflict.”
The senator has previously argued the indictment should be dismissed saying he is protected, in part, on constitutional grounds.
Menendez is facing bribery and corruption charges for allegedly taking steps to benefit the governments of Egypt and Qatar and help several New Jersey businessman and receiving in exchange gold bars, cash, a luxury car and Formula One Grand Prix race tickets. Menendez has pleaded not guilty to the charges. Last week, in a fiery speech on the Senate floor, Menendez defended himself and attacked the prosecution.
Nadine Menendez is central to the alleged scheme. Prosecutors cite several of her communications with the other co-defendants as evidence in the indictment and say she received a low- or no-show job and payments for a luxury car as part of the alleged scheme.
Nadine Menendez and three other co-defendants have also pleaded not guilty.
The federal judge overseeing the case against Menendez, his wife and the three others has set a trial date for May.
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