Judge rejects Nadine Menendez retrial, citing ‘more than sufficient’ evidence

MANHATTAN (CN) — A federal judge on Thursday rejected Nadine Menendez’s bid for a new trial, finding that the evidence against her was “more than sufficient” for the jury to convict her on all charges relating to a sprawling international bribery scheme with her husband, disgraced former Senator Robert Menendez.

In a 51-page order, U.S. District Judge Sidney Stein found that Nadine Menendez’s convictions were “fully supported by the extensive witness testimony and documentary evidence” provided to the jury throughout the three-week trial earlier this year.

“In addition, defendant has not identified any injustice — let alone a manifest injustice — requiring a new trial,” the Bill Clinton appointee ruled Thursday.

Nadine Menendez moved last month for her guilty verdict to be tossed, arguing that prosecutors’ evidence against her was insufficient. She also claimed they wrongfully forced her to change counsel by floating the possibility of calling her longtime attorney, David Schertler, as a witness, which never happened at trial.

But Stein was unconvinced, noting that Nadine Menendez is raising this Sixth Amendment issue for the first time well over a year after she decided to replace Schertler in the first place. He cited Supreme Court precedent that holds the “essential aim” of the Sixth Amendment is to “guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers.”

“At no point prior to the present motion … had defendant expressed any desire whatsoever to re-engage Schertler or his firm,” Stein ruled. “She did not inquire why Schertler’s name did not appear on the government’s witness list at any point prior to or during her trial, nor did she lodge any objection when the case was submitted to the jury and the government had not called Schertler…”

In a statement to Courthouse News, Nadine Menendez’s attorney floated appealing the judge’s ruling.

“While we are disappointed in the court’s decision, we look forward to raising these issues, particularly the 6th Amendment violation, with the Second Circuit,” said Sarah Krissoff of Cozen O’Connor. “The government violated Mrs. Menendez’s fundamental constitutional right to counsel, and we are confident that the Second Circuit will engage with this issue.”

Nadine Menendez did get a small, but expected, victory on Thursday: Stein found her convictions on counts one and 15 — conspiracy to commit bribery and conspiracy for a public official to act as a foreign agent — multiplicitous and will only sentence her on one of the two counts. The judge did the same with Robert Menendez and the other defendants.

Initially charged in 2023, Robert and Nadine Menendez were accused of taking various bribes from New Jersey businessmen and an Egyptian government official in exchange for Robert Menendez’s political influence. Before resigning over the federal charges, the Democratic senator was formerly the chairman of the Foreign Relations Committee and the highest-ranking Latino member of Congress.

Federal investigators found an exorbitant amount of bribes in the couple’s New Jersey home, including solid gold bars, a Mercedes-Benz convertible and thousands of dollars in cash — much of which was stuffed into clothing inscribed with the senator’s name.

Robert Menendez and two co-defendants were convicted last year. The former lawmaker was slapped with an 11-year sentence and, prior to reporting to prison, began stoking doubt about the legitimacy of the justice system in an apparent effort to appeal to President Donald Trump, who has infamously done the same.

Due to a breast cancer diagnosis, Nadine Menendez was tried separately earlier this year. The trial garnered significantly less fanfare than her husband’s, and she often sat alone in the courtroom on breaks as the lone defendant. Prosecutors presented largely the same evidence in each trial.

Robert Menendez didn’t once make an appearance during his wife’s criminal proceedings.

In that trial, the jury deliberated for roughly eight hours before reaching their verdict, finding Nadine Menendez guilty on all 15 counts, including bribery, wire fraud and obstruction of justice.

She is slated to be sentenced on Sept. 11.

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