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Bob Menendez says he didn’t testify because prosecution failed to prove its bribery case against him

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Bob Menendez says he didn’t testify because prosecution failed to prove its bribery case against him
News

News

Bob Menendez says he didn’t testify because prosecution failed to prove its bribery case against him

2024-07-04 07:13 Last Updated At:07:20

NEW YORK (AP) — New Jersey Sen. Bob Menendez said he chose not to testify Wednesday at his New York trial because he believes prosecutors failed to prove “every aspect” of the bribery case against him, a decision that cleared the way for closing arguments as early as Monday.

Lawyers for the Democrat rested their case after calling several witnesses over two days to counter seven weeks of testimony and hundreds of exhibits and communications introduced by Manhattan federal prosecutors.

Menendez, 70, maintains he is not guilty of charges that he accepted hundreds of thousands of dollars in gold and cash from 2018 through 2022 in exchange for using his clout in the Senate to deliver favors benefiting three New Jersey businessmen.

Judge Sidney H. Stein asked Menendez to rise from his seat to confirm that the decision not to testify was his alone. Menendez said that after extensive talks with his lawyers, he had decided against taking the stand.

As he left the courthouse, Menendez told reporters: “From my perspective, the government has failed to prove every aspect of its case.”

He said that to “give them another chance" by taking the witness stand was “simply not something that makes any sense to me whatsoever.”

“I expect my lawyers will produce a powerful and convincing summation, deduce how the evidence came out, and where they failed across the board, and how the jury will render a verdict of not guilty,” Menendez said before wishing reporters who followed him to his car a “Happy Fourth of July.”

Two of the businessmen he is accused of accepting bribes from — Fred Daibes and Wael Hana — are on trial with him. A third, Jose Uribe, pleaded guilty to charges and testified against the trio during the trial.

Daibes and Hana also have pleaded not guilty and were given an opportunity to present a defense, though the judge told jurors that the burden is on prosecutors and a defense was not required. Lawyers for Daibes rested at the same time as Menendez without presenting a defense. Hana’s lawyers began presenting their case by calling one of Hana's employees as a witness.

Prosecutors took seven weeks to present their case before resting last Friday. They offered evidence to show that Menendez’s wife, Nadine Menendez, served as a go-between most times to connect the senator and the businessmen.

Nadine Menendez, 57, who began dating the senator in 2018, has pleaded not guilty to criminal charges, but her trial has been postponed as she recovers from breast cancer surgery.

Lawyers for Bob Menendez have argued that his wife hid her financial troubles from him, including an inability to afford mortgage payments on her Englewood Cliffs, New Jersey, home, along with many of her dealings with the businessmen. They’ve also said she inherited gold found in her bedroom during a 2022 FBI raid on their home.

An FBI agent testified earlier in the trial that he ordered the seizure of more than $486,000 in cash and over $100,000 in gold bars during the raid because he suspected that a crime may have taken place.

Among witnesses called by Menendez’s lawyers was his sister, Caridad Gonzalez, 80, who told the jury that members of her family routinely stored large amounts of cash at their homes after Menendez’s parents fled Cuba in 1951 with only the money they had hidden in the secret compartment of a grandfather clock.

“It’s normal. It’s a Cuban thing,” she said.

Bob Menendez was born after the family arrived in Manhattan.

Menendez has pleaded not guilty to bribery, fraud, extortion, obstruction of justice and acting as a foreign agent of Egypt. After the charges were announced in September, he was forced out of his powerful post as chairman of the Senate Foreign Relations Committee.

He has resisted calls to resign from the Senate and a month ago filed papers to run for reelection as an independent.

Prosecutors allege that Daibes delivered gold bars and cash to Menendez and his wife to get the senator’s help with a multimillion-dollar deal with a Qatari investment fund, prompting Menendez to act in ways favorable to Qatar’s government.

They also say Menendez did things benefiting Egyptian officials in exchange for bribes from Hana as the businessman secured a valuable deal with the Egyptian government to certify that imported meat met Islamic dietary requirements.

A previous corruption prosecution of Menendez on unrelated charges ended with a deadlocked jury in 2017.

This story has been edited to clarify that Menendez is accused of accepting, not giving, bribes.

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

U.S. Sen. Bob Menendez, D-N.J., leaves federal court following the day's proceedings in his bribery trial, Wednesday, July 3, 2024, in New York. (AP Photo/Larry Neumeister)

FILE - Sen. Bob Menendez, D-N.J., departs the Senate floor in the Capitol, Sept. 28, 2023, in Washington. (AP Photo/Alex Brandon, file)

FILE - Sen. Bob Menendez, D-N.J., departs the Senate floor in the Capitol, Sept. 28, 2023, in Washington. (AP Photo/Alex Brandon, file)

MADISON, Wis. (AP) — President Joe Biden, fighting to save his endangered reelection effort Friday, said his disastrous debate performance last week was a “bad episode” and there were “no indications of any serious condition” in a highly anticipated ABC interview that was seen as a significant test of his fitness to run for office.

“I didn’t listen to my instincts in terms of preparing," Biden told ABC's George Stephanopoulos in an excerpt that aired Friday evening.

Yet Biden's rigorous efforts to course correct from his debate performance were not yet quelling internal party frustrations, with one influential Democratic senator working on a nascent push that would encourage the president to exit the race and Democrats quietly chatting about where they would go next if the president drops out — or what it would mean if he stays in.

Still, in Wisconsin, Biden was focused on proving his capacity to remain as president. When asked whether he would halt his campaign, he told reporters he was “completely ruling that out” and said he is “positive” he could serve for another four years. At a rally in front of hundreds of supporters he acknowledged his subpar debate performance but insisted, “I am running, and I'm going to win again.”

“I beat Donald Trump,” a forceful Biden said, as the crowd gathered in a local middle school cheered and waved campaign signs. “I will beat him again.”

Biden, relying on a teleprompter for his remarks, attacked his presumptive Republican challenger almost immediately, laying into Trump by pointing out that the former president once said that “George Washington’s army won the revolution by taking control of the airports from the British.”

Amid laughter, Biden continued, “Talk about me misspeaking.”

In his speech, Biden tried to flip the questions swirling about his age, asking the crowd whether he was “too old” to have passed gun legislation, created jobs and helped ease student loan debt — while suggesting he'd do more in a second presidential term.

The rally preceded the interview that could be a watershed moment for Biden, who is under pressure to bow out of the campaign after his rocky debate performance against Republican Donald Trump ignited concern that the 81-year-old Democrat is not up for the job for another four years.

While private angst among Democratic lawmakers, donors and strategists is running deep, most in the party have held public fire as they wait to see if the president can restore confidence with his weekend travel and his handling of the interview, airing in full Friday night.

To that end, Sen. Mark Warner reached out to fellow senators throughout this week to discuss whether to ask Biden to exit the race, according to three people familiar with the effort who requested anonymity to talk about private conversations. The Virginia Democrat’s moves are notable given his chairmanship of the Senate Intelligence Committee and his reputation as a lawmaker supportive of Biden who has working relationships with colleagues in both parties. Warner’s effort was first reported by The Washington Post.

The strategy remains fluid. One of the people with knowledge of Warner's effort said there are enough Senate Democrats concerned enough about Biden's capacity to run for reelection to take some sort of action, although there was yet no consensus on what that plan would be. Some of the Democratic senators could meet as soon as Monday on how to move forward.

The top Democrats on House committees are planning to meet virtually Sunday to discuss the situation, according to a person familiar with the gathering granted anonymity to talk about it.

Meanwhile, at least four House Democrats have called for Biden to step down as the nominee, with Rep. Mike Quigley of Illinois joining Massachusetts Rep. Seth Moulton, Texas Rep. Lloyd Doggett and Arizona Rep. Raúl Grijalva in pushing for an alternative. While not going that far, Massachusetts Gov. Maura Healey said in a carefully worded statement Friday that Biden now has a decision to make on “the best way forward.”

“Over the coming days, I urge him to listen to the American people and carefully evaluate whether he remains our best hope to defeat Donald Trump,” Healey said.

There were also a few signs of discontent at Biden's campaign rally Friday, with one supporter onstage waving a sign that read “Pass the torch Joe” as the president came out. His motorcade was also greeted at the middle school by a few people urging him to move on.

But others were pleased. Rebecca Green, a 52-year-old environmental scientist from Madison, said she found Biden’s energy reassuring. “We were just waiting for him to come out strong and fighting again, the way we know he is,” she said.

Many Democratic lawmakers, who are hearing from constituents at home during the holiday week, are deeply frustrated yet split on whether Biden should stay or go. Privately, discussions among the House Democrats flared this week as word spread that some of them were drafting public letters suggesting the president should quit the race.

Yet pushback from other House Democrats was fierce.

“Any ‘leader’ signing a letter calling for President Biden to drop out needs to get their priorities straight and stop undermining this incredible actual leader who has delivered real results for our country,” said Rep. Frederica Wilson, D-Fla., an influential member of the Congressional Black Caucus.

Biden appears to have pulled his family closer while attempting to prove that he's still the Democrats' best option for competing in November's election.

The ubiquitous presence of Hunter Biden in the West Wing since the debate has become an uncomfortable dynamic for many staffers, according to two Democrats close to the White House who requested anonymity to discuss the sensitive matter.

For many staffers, the sight of Hunter Biden, just weeks after his conviction on felony gun charges, taking a larger role in advising his father has been unsettling and a questionable choice, they said.

Biden's reelection campaign is pushing ahead with aggressive plans despite the uncertainty. It plans to pair his in-person events with a fresh $50 million ad campaign this month meant to capitalize on high viewership moments like the Summer Olympics that begin in Paris on July 26.

Biden, Vice President Kamala Harris, first lady Jill Biden and second gentleman Doug Emhoff are scheduled to travel to every battleground state this month, with Biden in Pennsylvania on Sunday. In a memo released Friday, the campaign also emphasized that Biden would participate in “frequent off-the-cuff moments” –- once a hallmark of the gregarious, glad-handling politician’s career that have dwindled throughout his presidency.

For Biden, every moment now is critical to restoring the lost confidence stemming from his shaky performance in Atlanta last week. Yet the president continued to make slipups that did not help that effort.

In a hastily organized gathering with more than 20 Democratic governors Wednesday evening, Biden acknowledged he needs to sleep more and limit evening events so he can be rested for the job, according to three people granted anonymity to speak about the private meeting.

In trying to explain away those comments, White House press secretary Karine Jean-Pierre stressed that Biden “works around the clock” but that he “also recognizes the importance of striking a balance and taking care of himself.”

Kentucky Gov. Andy Beshear, who attended the meeting, said Biden “certainly engaged with us on complicated matters.”

“But then again, this is something that he needs to not just reassure Democratic governors on, but he needs to reassure the American people," Beshear said.

Kim reported from Washington. Associated Press writers Todd Richmond in Madison, Dylan Lovan in Louisville, Kentucky, and Will Weissert, Zeke Miller, Mary Clare Jalonick, Aamer Madhani, Lisa Mascaro and Josh Boak in Washington contributed to this report.

President Joe Biden, right, greets supporters at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, right, greets supporters at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden, from right, is greeted by Wisconsin Gov. Tony Evers, former Gov. Jim Doyle and Rep. Mark Pocan, D-Wis., as he arrives at Dane County Regional Airport to attend a campaign rally in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, from right, is greeted by Wisconsin Gov. Tony Evers, former Gov. Jim Doyle and Rep. Mark Pocan, D-Wis., as he arrives at Dane County Regional Airport to attend a campaign rally in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

California Gov. Gavin Newsom poses as State Representative Nick Pisciottano points to him during a campaign stop supporting President Joe Biden on Friday, July 5, 2024, outside Pittsburgh. The stop was held at a Biden Harris campaign head quarters. (Benjamin B. Braun/Pittsburgh Post-Gazette via AP)

California Gov. Gavin Newsom poses as State Representative Nick Pisciottano points to him during a campaign stop supporting President Joe Biden on Friday, July 5, 2024, outside Pittsburgh. The stop was held at a Biden Harris campaign head quarters. (Benjamin B. Braun/Pittsburgh Post-Gazette via AP)

President Joe Biden, right, greets supporters at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, right, greets supporters at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

Supporters of President Joe Biden hold signs at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

Supporters of President Joe Biden hold signs at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden speaks at a campaign rally at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden salutes as he boards Air Force One at Andrews Air Force Base, Md., en route to a campaign trip in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden salutes as he boards Air Force One at Andrews Air Force Base, Md., en route to a campaign trip in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden waves while boarding Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden waves while boarding Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden waves as he arrives to board Air Force One at Andrews Air Force Base, Md., en route to a campaign trip in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden waves as he arrives to board Air Force One at Andrews Air Force Base, Md., en route to a campaign trip in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, center, arrives to board Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, center, arrives to board Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, left, gestures before boarding Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, left, gestures before boarding Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, center, arrives to board Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden, center, arrives to board Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden boards Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden boards Air Force One at Andrews Air Force Base, Md., as he leaves for a campaign trip to Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

Supporters arrive before President Joe Biden speaks at a campaign event at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

Supporters arrive before President Joe Biden speaks at a campaign event at Sherman Middle School in Madison, Wis., Friday, July 5, 2024. (AP Photo/Morry Gash)

President Joe Biden points as he arrives on Air Force One at Dane County Regional Airport to attend a campaign rally in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden points as he arrives on Air Force One at Dane County Regional Airport to attend a campaign rally in Madison, Wis., Friday, July 5, 2024. (AP Photo/Manuel Balce Ceneta)

President Joe Biden waits for the start of the Independence Day firework display over the National Mall from the balcony of the White House, Thursday, July 4, 2024, in Washington. (AP Photo/Evan Vucci)

President Joe Biden waits for the start of the Independence Day firework display over the National Mall from the balcony of the White House, Thursday, July 4, 2024, in Washington. (AP Photo/Evan Vucci)

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