Federal prosecutors said a confidential informant made recordings of conversations and shared details with investigators about the bribery case involving Sen. Bob Menendez, D-N.J., and his wife.
Sen. Menendez, his wife Nadine Menendez, and three New Jersey businessmen were indicted last year in a yearslong bribery conspiracy. The senator and his wife are accused of taking hundreds of thousands of dollars in bribes, including bars of gold bullion, from the businessmen in exchange for political favors. All five have pleaded not guilty and are facing trial in May.
Federal prosecutors in the Southern District of New York filed a 196-page motion Monday night in response to motions by the senator and other defendants to dismiss the charges.
The government's motion, reviewed by Newsmax, includes "information from a particular confidential source, including recordings made by the source, reports of debriefings with the source, and draft translations of the recordings."
Attorneys for Sen. Menendez argued he was a victim and not a conspirator because New Jersey businessman Wael "Will" Hana, a defendant in the case, was running his own scam.
But the government’s motion undermines that claim.
"The recording by a confidential source discussing the bribery scheme reflects that there was no honor among thieves; i.e., Hana ‘swindled’ Menendez and ‘[expletive] over Nadine’ Menendez by not giving them the full value of the bribes they should have received," the motion states. "Far from undermining that Menendez and Hana were in a conspiracy, the evidence that Hana allegedly took more of what he recognized as bribes and shortchanged the Menendezes is proof that the bribery scheme indeed existed."
Prosecutors asked the court to reject the defendants’ motion to dismiss the charges.
"Legislators ought not to stand above the law they create but ought generally to be bound by it as are ordinary persons," the motion states, citing legal precedent. "Members of Congress" are not "super-citizens, immune from criminal responsibility."
Sen. Menendez and his wife also are seeking to sever their trials because their attorneys are concerned about potentially incriminating evidence against a spouse should either take the stand. Plus, Sen. Menendez claims he would be prejudiced to be tried with the three New Jersey businessmen — Hana, Jose Uribe, and Fred Daibes — who are alleged to have bribed him. And Daibes also is seeking to have a separate trial.
But the government asked the court to reject those motions.
"The defendants are charged with entering into and executing a scheme together," prosecutors wrote. "The Indictment makes plain how they worked together, and they should be tried together."
Newsmax reached out to attorneys for Sen. Menendez and Nadine Menendez for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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