Judge denies bond for Menendez
Former Senator, 2 others must report to prison
By: Katie Sobko
and Kristie Cattafi
NorthJersey.com
USA Today Network - New Jersey
..... Former Senator Bob Menendez and his two co-defendants will have to report to prison after a judge denied their bond request pending appeal motions.
.....
U.S. district Judge Sidney Stein of the Southern District of New York ruled Friday [04/24/2025] that New Jersey businessmen Fred Daibes and Wael Hana will be denied bond and have to report to prison May 19 [2025] while their appeals are pending.
..... Menendez will also report top prison as schedule on June 6. [2025]
..... the date has been delayed to allow him to support his wife and co-defendant, Nadine Arslanian Menendez, during her own trial.
..... Arisanian Menendez was found guilty on 15 counts after a separate trail concluded April 21. 2[205]
..... She is set to be sentenced in June. [2025]
.....
"After a nine-week trial involving nearly 40 witnesses and more than 3,000 exhibits and extensive pre- and post-trial motions practice, Menendez has failed to identify a substantial question that, if determined in his favor, 'is likely to result in reversal or an order for a new trial on all counts on which imprisonment has been imposed,'" Stein wrote in his decision.
.....
"Hana and Daibes have failed to identify a substantial question of law or fact raised by their appeals."
..... The trio's appeal requests argued burdens of proof of what's considered an "official act" under the McDonnell case law, sufficiency over the government's venue evidence speech and debate clause and improperly redacted exhibits on a jury laptop,
..... However, Stein said the defendants failed to meet their burden and the motions for release pending appeals was denied.
.....
Menendez's appeal implied that there wee a "host of weighty questions" related to the speech and debate clause, the parameters of the U.S. Supreme Court;s definition of "official action" in McDonnell v. United States, and the other bounds of criminal venue.
..... Attorneys for the former senator will also focus on the constitutionally of the first-ever use of the charge of "officers and employees acting as agents of foreign principals" against a member of Congress, the motion said.
..... The speech and debate clause is a form of immunity afforded to members of Congress so they do not have to worry that things they say during legislative activities could implicate them in legal action.
..... The U.S. Supreme Court's McDonnell. United States decision form 2016 defined what an "official act" is. In the Tuesday [04/22/2025] motion, Fee argued that Menendez gave general "advice" that wasn't part of nay advisory role and that any "pressure" felt came from his "prominence" and not "any use or threatened sue of the power of his office."
.....
On Thursday, [04/24/2025] Stein also denied Hana's request to delay his May 19 [2025] prison date to July 3. [2025]
What was Menendez accused of?
..... The federal indictment against all four co-defendants was first unsealed in September 2023 and was updated with superseding indictments three times - in October of that year [2023] and in January and March 2024.
.....
It alleged that Menendez, his wife, and three New Jersey businessmen, Hana, Daibes and Jose Uribe, were part of a bribery scheme. Menendez and his wife allegedly received among other things cash, gold bars and a luxury car in exchange for the sue of his political influence.
..... Uribe initial entered a not guilty plea but began cooperating with prosecutors.
..... He changed his pea to guilty in March 2024 and testified at the nine-week trial last summer [2024] for Menendez, Daibes and Hana as well as Arslanian Menendez's four week trial this spring. [2025]
.....
Menendez was sentenced to 11 years in prison, Hana more than eight years and Daibes seven years.
..... Daibes was fined $1.75 million; Hana was fined $1.3 million.
..... All three are appealing their cases.
.....
Menendez, Daibes and Hana have all filed motions for new trials and were seeking bail as their appeals play out.
..... After making his initial motion, Daibes was assigned to the prison camp at FCI Fairton, in South Jersey, Hana was assigned to FCI Schuylkill in Minereville, Pennsylvania.
Nadine Arilanian Menendez trial had been delayed
..... Arslanian Menendz was initially supposed to be tried alongside Menendez, Daibes and Hana, but her trial was delayed because she was diagnosed with breast cancer.
..... Initially referred to by the court only as a "serious medical condition," the diagnosis was revealed by her husband during his trial.
.....
Menendez revealed his wife's illness not long after his trail began.
..... "Nadine is suffering from Grade 3
breast cancer, which will require her to have mastectomy surgery," a statement from Menendez said.
..... "We are of curse, concerned about the seriousness and advanced state of the disease. She will require follow-up surgery and possibly radiation treatments."
..... Days before jury selection stated in Arslanian Menendz's trial, Bob Menendez took to classic media with a desperate plea to President Donald Trump, saying his wife is being "forced by the government to go to trial tomorrow" despite having beast cancer reconstructive surgery days earlier.
..... "Only the arrogance of the SDNY can be so cruel and inhumane," said the post.
..... "They should let her fully recover"! Menendez also tagged Trump in the post.
..... There had been no public filings with the U.S. District Court for the Southern District of New York noting the surgery r requesting a delay because of it.