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Menendez Trial: Senator's Alleged Attempt To Influence Prosecution

Fred Daibes enters federal court in New York, Wednesday, June 12, 2024. (AP Photo/Pamela Smith)

New Jersey’s top federal prosecutor testified at Sen. Bob Menendez's bribery trial that the Democrat sought to discuss the prosecution of a New Jersey real estate developer with him before recommending him to the post after Joe Biden won the 2020 presidential election. U.S. Attorney Philip R. Sellinger revealed during his testimony that Menendez attempted to speak about a criminal case affecting a New Jersey businessman, marking the second instance in the trial where such interactions were highlighted.

Last week, a former New Jersey attorney general testified that Menendez had approached him twice regarding a pending criminal case involving a New Jersey businessman, with the attorney general declining to engage in discussions on both occasions. Prosecutors allege that Menendez, 70, attempted to intervene in criminal cases as a means of rewarding businessmen who allegedly provided bribes to him and his wife in the form of gold bars, cash, and a car.

Menendez, along with two businessmen, Fred Daibes and Wael Hana, are facing trial after pleading not guilty to the charges. Another businessman, Jose Uribe, who pleaded guilty, testified against the accused individuals. Menendez's wife, Nadine Menendez, also pleaded not guilty, and her trial has been postponed due to her recovery from surgery for breast cancer.

Sellinger, who assumed the role of New Jersey's top federal prosecutor in December 2021, testified about his relationship with Menendez, stating that they had been friends since the early 2000s. Menendez had allegedly recommended Sellinger for the U.S. attorney post, believing he could influence decisions related to Daibes' case.

Menendez allegedly intervened in cases to reward bribe-giving businessmen.
Menendez sought to discuss a criminal case with U.S. Attorney Sellinger.
Menendez, along with two businessmen, faces trial for bribery charges.
Menendez's wife, Nadine Menendez, also faces charges but trial postponed.
Former New Jersey attorney general declined Menendez's attempts to discuss cases.
Prosecutors allege Menendez received bribes in gold bars, cash, and a car.
Menendez recommended Sellinger for U.S. attorney post, hoping to influence cases.
Menendez withdrew his recommendation for Sellinger after initial discussions.
Menendez expressed concerns about businessman Daibes' treatment in a criminal case.
Despite their friendship, Sellinger disclosed a conflict of interest regarding Daibes.

After Biden's election victory, Sellinger met with Menendez to discuss the U.S. attorney position, during which Menendez raised concerns about Daibes' case, expressing his belief that Daibes was being treated unfairly. Sellinger informed Menendez that he would review all cases impartially. Despite initial discussions, Menendez later withdrew his recommendation for Sellinger, citing the need to present multiple candidates for nomination.

Following subsequent interactions and Sellinger's appointment as U.S. attorney, he disclosed a potential conflict of interest regarding Daibes to the Justice Department and was instructed to avoid involvement in the case. Despite Menendez's recommendation for Sellinger's nomination, their relationship deteriorated, with Menendez declining an invitation to a public ceremony celebrating Sellinger's appointment.

During cross-examination, Sellinger affirmed that he never believed Menendez had asked him to engage in anything improper or unethical over the past two decades.

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