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The Menendez jury tea leaves

Matt Friedman's must-read briefing on the Garden State's important news of the day
Jul 16, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Good Tuesday morning!

Today the Bob Menendez jury enters its third day of deliberations. And with so little known about what’s going on in the jury room, even the tiniest tea leaves make big headlines.

Yesterday, non-jurors got two tea leaves. In a morning note to Judge Sidney Stein, jurors asked: "Does a not guilty verdict on a single count require unanimity?" (The answer is yes). In an afternoon note, they asked: "Does intervening in the federal prosecution of Daibes in New Jersey fall into counts 11 and 12 of the indictment?" Those are the counts against the Menendezes and Daibes, respectively, that allege Daibes bribed the couple in exchange for help with his case and to benefit the Qatari government.

The first note, of course, suggests the jury was close to a not guilty verdict on at least one count. But there are three defendants currently on trial — Menendez, developer Fred Daibes and businessman Wael Hana. There’s no way to tell if it applies to one of all of them.

From my conversations, the general expectation in the New Jersey political world is that if Menendez walks away from this, it will be through a mistrial — not unanimous exoneration on all of the charges. The evidence to me appeared much weaker against Menendez in his 2017 corruption trial, and the senator didn’t get a single not guilty verdict then. Just a hung jury that was leaning heavily towards not guilty.

But if Menendez does get off, are prosecutors just going to give up on public corruption cases? There’s no disputing that Menendez’s co-defendants gave him and his wife Nadine gifts, including gold bars and a luxury car. There’s also no disputing that Menendez did or tried to do favors.

The only question is whether Menendez’s favors were in exchange for the gifts. At this point, with the way the federal courts have weighed in, what would it take to prove bribery? Perhaps a crystal clear recording of a defendant saying to their alleged briber: “Thank you for the gold bars. In exchange for them, I will work to pick a U.S. attorney who will be sympathetic to the of the bank fraud case against you. To be clear, I want to stress that this exchange is a quid pro quo. I am only doing this for you in exchange for this valuable item you have given me.”

TIPS? FEEDBACK? Email me at Mfriedman@politico.com.

HAPPY BIRTHDAY: David Danzis, Stephen De Luca, Leonard Zax.

QUOTE OF THE DAY: “We spoke to the congressman this morning. He said he was running a fever and checked himself into St. Joe’s last night to evaluate. He is in good spirits today and awaiting test results and appreciates all well wishes. He also told us he is actively looking for a beer if anyone can help.” — Bill Pascrell chief of staff Ben Rich

WHERE’S MURPHY? — Returning to New Jersey from Germany.

 

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MENENDEZ CORRUPTION TRIAL

THE NEW JERSEY STATE GOLD BAR ASSOCIATION — “Bob Menendez's lawyers embraced a Trump tactic. They tried to sow distrust in the courts,” by The Record’s Charles Stile: “[T]he Menendez appeal could also been seen as contributing to the Trumpian era loss of faith by trafficking in some of the Trump’s anti-government tropes — namely the attack on ‘overzealous prosecutors.’ From the moment the indictment outlined charges that Menendez ... accepted lavish bribes in the form of a luxury car, gold bars, cash and other personal items to help the Egyptian and Qatari governments, Menendez cast himself as a victim of overzealous government prosecutors who were trying to criminalize acceptable political conduct. ‘Legislators must explain their conduct to voters, not overzealous prosecutors,’ his attorneys wrote in a motion to dismiss the indictment in January. Trump and his allies have repeatedly taken a similar, desperate stance, claiming that the prosecutors' zeal was also politically motivated. … Eric Gibson, a former federal prosecutor, said the strategy smacks of desperation.”

WHAT TRENTON MADE

IT'S CALLED TRENTON TIME — “NJ law to fix crisis response was signed six months ago. It's still not implemented,” by Paterson Press’ Joe Malinconico: “Social justice activists last January celebrated Gov. Phil Murphy's signing of a new law that was supposed to help prevent incidents such as the fatal police shooting of Paterson's Najee Seabrooks in March 2023. The law called for the creation of a new state advisory council that is supposed to establish best practices for handling emergency responses to people in a mental health or substance abuse crisis. The law — named after Seabrooks and Andrew Washington, who was fatally shot by a police officer in Jersey City in August 2023 — said the advisory council would hold six meetings per year. … But six months later, the advisory council that was supposed to start work 45 days after Murphy’s bill signing on Jan. 12 has not yet held any meetings. Meanwhile, on Friday, state officials revealed they had taken one major step in implementing a separate provision of the Seabrooks-Washington law by awarding grants to nonprofit groups in Paterson, Camden, Newark and Trenton to set up pilot programs for community crisis response teams.”

OPPONENTS DUB IT THE TURDPIKE — “Here’s what’s next for the controversial N.J. Turnpike widening project,” by NJ Advance Media’s Larry Higgs: “The final public forum about a controversial $6.2 billion project to replace the almost 70-year-old Newark Bay Bridge with twin spans has been held. What happens next with the project? … In its May notice the Coast Guard said it plans to to issue a ‘Finding of No Significant Impact’ for the proposed project, unless significant impacts are revealed from the public outreach efforts. Turnpike officials aren’t projecting a date of action for a decision. Meanwhile, both the Authority and project opponents plan to be busy. The project’s first phase would replace the four lane Newark Bay Bridge, which opened in April 1956, with twin stayed cable bridges totaling eight lanes that are similar to the new Goethals Bridges. It would also replace the 16 spans that make up the Turnpike extension between Exit 14 in Newark and 14A in Bayonne.”

RELEASE OF SJTA FUNDS TO T&M SHOWS SWEENEY KNOWS HOW TO GET THINGS DONE — “Sweeney says he won’t need any training to be governor,” by New Jersey Globe’s David Wildstein: “Former Senate President Steve Sweeney is touting his electability, experience, and statewide labor support as he ramps up a 21-county campaign for the Democratic nomination for Governor of New Jersey next year. Sweeney launched his campaign last December and has raised nearly $1.8 million – more than enough to qualify for matching funds – and now he’s preparing to ramp up his campaign with paid staff in the fall. ‘I love New Jersey and I believe I can fix it,’ Sweeney told the New Jersey Globe. ‘I can relate to a lot of people because I’m a blue-collar guy.’ As the longest-serving legislative leader in New Jersey history, Sweeney is billing himself as a governor who won’t need any on-the-job training. ‘I’m the one who on Day One can get the place moving because I don’t have a learning curve,’ he said. ‘I know how to get things done without hurting people.’”

— “Two governor hopefuls from opposing parties call for civility following Trump shooting” 

— “Way picks Wolkenberg as new chief of staff” 

BIDEN TIME

VAN DREW MUST HAVE GOTTEN SO EXCITED WHEN HE READ THE FIRST THREE LETTERS — "Trump taps Ohio Sen. J.D. Vance to be his vice president," by POLITICO’s Natalie Allison and Burgess Everett: “Former President Donald Trump has selected Ohio Sen. J.D. Vance as his running mate, elevating a staunch ally and young GOP star who, less than a decade ago, rose to prominence as a Trump critic. But over the last few years, Vance, 39, has emerged as a Trump loyalist, becoming one of his most vocal defenders in the Senate and a frequent surrogate on television as he called for the party to embrace Trump’s populist agenda. … By selecting Vance, Trump eschewed calls from some in the party to choose a running mate who would add racial diversity to the ticket or use softer rhetoric to appeal to Trump-skeptical moderates, instead tapping a firebrand who shares Trump’s pugilistic tendencies and is admired by the MAGA base.”

OH COME ON, AILEEN — "Judge dismisses Trump’s Mar-a-Lago classified docs criminal case," by POLITICO’s Kyle Cheney, Josh Gerstein and Betsy Woodruff Swan: "Judge Aileen Cannon has dismissed the federal criminal case against Donald Trump charging him with amassing highly sensitive national security secrets at his Mar-a-Lago estate and then obstructing government efforts to reclaim them. Cannon, in a 93-page ruling, concluded that special counsel Jack Smith’s appointment violated the Appointments Clause of the Constitution."

— “Rep. Kim: At this time of distrust and division, we turn to Lincoln”

— “Bashaw puts in another $1.2 million of his own money for U.S. Senate campaign”

— “Woman who allegedly was ‘proud’ to storm U.S. Capitol found guilty of Jan. 6 charges” 

— Hennelly: “An Apprehensive Flight into Milwaukee” 

 

Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more.

 
 
LOCAL

“Bergen County town suing chemical company over contamination of drinking water,” by The Record’s Amanda Wallace: “The city of Garfield will take the Dow Chemical Company and several other corporations to court, claiming that they caused contamination of the city's drinking water. The lawsuit alleges that the Dow, Vibrantz ... formerly Ferro, and Vulcan Materials, along with other unnamed companies ‘designed, advertised, manufactured, marketed, distributed, stored and/or sold 1,4-dioxane with the knowledge that this toxic compound would be released into the environment even when used as directed and intended,’ and that they failed to warn users of the dangers that are associated with the chemical. … According to a spokesperson from Dow, the company is aware that a lawsuit has been filed. ‘Garfield's basis for filing this lawsuit is unclear,’ said the spokesperson. ‘In Garfield's representations to the public, it has stated "water meets all quality criteria established by the United States Environmental Protection Agency and needs no further treatment." Further, Garfield has not disclosed to the public whether 1,4-dioxane has been detected in its water supply and, notably, there is no reference to 1,4-dioxane in Garfield's five most recent annual water quality reports.’”

TOMS RIVEN — “'Hostility and disdain': Toms River mayor, animal shelter supporters in showdown deadline,” by Asbury Park Press’ Jean Mikle: “Leaders of a successful petition drive aimed at reversing the decision to turn Toms River's animal shelter over to the county say they have 'been met with hostility and disdain' by Mayor Daniel Rodrick, when trying to schedule a meeting to discuss alternatives to the county takeover. In a prepared statement, the petitioners' committee, which includes one of Rodrick's 2023 running mates, Councilman Thomas Nivison, noted that Township Clerk Michael Cruoglio certified that the petition contained more than the required 3,079 signatures at the June 26 council meeting. That means the council had 20 days to rescind an ordinance leasing the shelter to the county for $1 a year, or the measure will be placed on the ballot as a referendum question for the public to decide. … Rodrick said that if the petitioners try to force a referendum on the fate of the animal shelter, they will simply be delaying the building's reopening. ‘I'm not going to allow it to be shut for six more months so we can have a vote in November,’ the mayor said."

THE HOME DEPOT SPOT — “Atlantic City schools superintendent admits parking in handicap spot at Home Depot, pays ticket,” by The Press of Atlantic City’s John O’Connor: “The city's schools superintendent, accused of parking in a handicap spot outside an Absecon Home Depot, paid her ticket Thursday ahead of a scheduled court date, court records show. La'Quetta Small, 47, was originally scheduled to appear in Absecon Municipal Court at 5 p.m. Monday but instead paid a $291 fine.”

YOU HAVE AUTHORITY OVER ONE THING — “Atlantic City Housing Authority's Jeffries Tower loses water Monday,” by The Press of Atlantic City’s Michelle Brunetti Post: “Residents at the Atlantic City Housing Authority's Jeffries Tower said they had no water from the ninth to 17th floors Monday. ‘On one of the hottest days of the year, senior citizens and handicapped people have no water in Jeffries Towers,’ said one resident, who asked that her name be withheld for fear of retaliation. Jeffries Tower is a high-rise for seniors and the disabled in the Inlet … Residents have complained for years about water leaks and intrusion, mold and other poor conditions at Jeffries and other Housing Authority properties.”

ISIS IS A PSYCHO HOSE BEAST — “Wayne’s World Meets Isis,” by InsiderNJ’s Fred Snowflack: “The Islamic State of Iraq and Syria, or just ISIS, has a long and bloody history of terrorism, including an attack on a Moscow concert hall in March that killed more than 100 people. What is obvious to the U.S. State Department and to the world community at large, however, is not obvious to school officials in this Passaic County town. The district superintendent has apologized for a multiple-choice test question in June that asked students to identify a terrorist group with a ‘goal of achieving global rule under strict Islamic Sharia law.’ The correct answer on the test – and in real life as well – was ISIS. Things soon got out of hand.”

— “Margate landmark's birthday to include 'Lucy for President' shirts” 

— “110-year-old Bayonne church to close, but not without a fight” 

— “Who needs food in Monmouth and Ocean? Since the pandemic, it's more people than you think” 

EVERYTHING ELSE

"Father and son rescue N.Y.C. man who spent the night treading water off the N.J. Shore,” by NJ Advance Media’s Eric Conklin: “Two commercial fishermen helped rescue a New York City man who drifted overnight from the waters off a Queens neighborhood toward the New Jersey shoreline in Monmouth County, police said. The 34-year-old man was brought into the boat by the fishermen, a father and son, and taken to the Monmouth Cove Marina around 9 a.m. Monday, Middletown Township police said. Township Deputy Police Chief Paul Bailey told NJ Advance Media the man entered the water in Breezy Point, a section of Queens, around 11 p.m. Sunday and was caught in the outgoing tide. He was about 2 miles off the New Jersey coastline when he was rescued. … ‘It’s unbelievably remarkable,’ Bailey said. The man, Bailey said, told police he was treading water for hours to stay afloat. … After being brought ashore, he was examined by first responders but declined further aid, instead asking for arrangements to use public transit. He was taken away from the area after being provided dry clothes, police said.”

— “We're not 'sinister': Menhaden fish processers want lawsuit dismissed” 

— “The WCBS radio man who lost his radio voice to spasmodic dysphonia” 

 

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