Indicted Sen. Robert Menendez Ready To Throw Wife Under The Bus In Bribery Trial Defense, Court Filing Shows

Sen. Robert Menendez (D-New Jersey) may present a defense strategy that blames his wife for the alleged bribery charges he currently faces. Court filings revealed that Menendez’s legal team filed a secret document in January, which was made public on Tuesday.

According to the documents, “While these explanations, and the marital communications on which they rely, will tend to exonerate Senator Menendez by demonstrating the absence of any improper intent on Senator Menendez’s part, they may inculpate Nadine by demonstrating the ways in which she withheld information from Senator Menendez or otherwise led him to believe that nothing unlawful was taking place,” the documents state.

If Menendez were to take the stand in his trial, his defense would argue that he was unaware of any bribes and that his wife, Nadine, had kept information from him. Menendez’s lawyers argue that if he testifies, he could provide evidence of communications with his wife that prove his unawareness of any wrongdoing.

Menendez and his wife are accused of accepting cash and gold bars from three businessmen in a bribery scheme. Prosecutors allege that Menendez used his position to assist the businessmen in securing overseas business deals and interfering with separate criminal investigations related to them. Both Menendez and his wife, as well as the two businessmen involved, have pleaded not guilty to the charges.

In April, the judge who oversees the case ordered separate trials for Bob and Nadine Menendez due to Nadine’s illness and the need for surgery and recovery time. The couple requested separate trials to allow Bob to tell the jury that his wife was the one who accepted the money, without putting her in legal jeopardy. With separate trials granted, Menendez is no longer at risk of violation of privileged marital communications, as his defense at his trial will not be used against Nadine in her subsequent trial.

The document that outlines the defense strategy was written and sealed in January, before Nadine’s illness and the severance of the trials. Legal analyst Danny Cevallos suggests that although the defense strategy may appear detrimental to Nadine’s case, it could actually be protective of her. If Menendez is allowed to point the finger at his wife in his trial, the defense ensures that this testimony cannot be used against her in her separate trial.

Cevallos explained that the defense’s hypothetical scenario of where in which Menendez would implicate his wife in his defense could be a preview of their trial strategy. Alternatively, it may be a strategic move to support their argument for separate trials.

Cevallos also notes that defendants typically avoid the stand, particularly when they may have credibility issues as Menendez does. One of the businessmen involved in the case, Jose Uribe, has pleaded guilty and is cooperating with prosecutors. Uribe admitted he had helped the senator and his wife purchase a Mercedes as part of the alleged bribe scheme and later concocted a cover story to mislead federal investigators.