NJ Spotlight News
NJ Spotlight News: July 16, 2024
7/16/2024 | 26m 46sVideo has Closed Captions
Watch as the NJ Spotlight News team breaks down today’s top stories.
We bring you what’s relevant and important in New Jersey news, along with our insight. Watch as the NJ Spotlight News team breaks down today’s top stories.
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NJ Spotlight News is a local public television program presented by THIRTEEN PBS
NJ Spotlight News
NJ Spotlight News: July 16, 2024
7/16/2024 | 26m 46sVideo has Closed Captions
We bring you what’s relevant and important in New Jersey news, along with our insight. Watch as the NJ Spotlight News team breaks down today’s top stories.
Problems playing video? | Closed Captioning Feedback
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♪ Announcer: from NJPBS Studios, this is NJ Spotlight News, with Briana Vannozzi.
Joanna: Hello and welcome to a special edition of NJ Spotlight News.
I am Joanna Gagis.
Deanna Vannozzi is off tonight.
-- Briana Vannozzi is off tonight.
Breaking news today, the jury and the corruption trial of U.S.
Senator Bob Menendez has handed down a sweeping guilty verdict.
18 counts in total for the senator and his codefendants, Fred Daibes and Wael Hana, that include conspiracy to commit bribery, conspiracy to commit extortion, obstruction of justice, actions to benefit Menendez's codefendants and conspiracy to act as a foreign agent.
the counts coming in one after the other, guilty.
16 counts in total for Menendez.
Seven for Fred Daibes.
Six guilty counts for Wael Hana.
What does this mean for the senator's future for the Democratic Party in New Jersey, and the balance of power in our nation's capital?
We will get into all of it.
But first, Senator Menendez and his attorneys took their opportunity to address the public after the guilty verdict was handed down.
The prosecution responded to the verdict.
Here's what they had to say.
Sen. Menendez: obviously I'm deeply, deeply disappointed by the jury's decision.
I have every faith that the law and the facts did not sustain that decision.
And that we will be successful upon appeal.
I have never violated my public oath.
I have never been anything but a patriot of my country and for my country.
I have never been a foreign agent.
And the decision by the jury today would put at risk every member of the United States Senate in terms of what they think a foreign agent would be.
I know my attorney wants to say something.
Mr. fee: Good afternoon.
We were surprised and disappointed with the jury's verdict.
We disagree with it and we believe today, as we have since day one, in Bob's innocence.
There are grave appellate problems with this case and with this verdict, and we will pursue all appellate avenues aggressively.
We do expect he will be vindicated.
Thank you.
>> Moments ago, a jury convicted Senator Robert Menendez of corruption and national security offenses.
This case has always been about shocking levels of corruption.
Hundreds of thousands of dollars in bribes in the form of cash, gold bars, a Mercedes-Benz.
This was not politics as usual.
This was politics for profit.
Now that a jury has convicted Bob Menendez, his years of selling his office to the highest bidder have finally come to an end.
I want to thank the career prosecutors and law enforcement agents and analysts who meticulously investigated and prosecuted this case.
Their work is the reason why this shocking corruption is finally being on earth and -- been unearthed and brought to an end.
They are the best of the best.
I'm enormously proud of them.
And proud to serve with them.
Thank you.
Joanna: As the jury delivered their verdict in the courtroom, I spoke with Chris Gramiccioni, former Assistant U.S. attorney for the district of New Jersey about how the prosecution laid out their case and how the jury arrived at their unanimous decision.
A clean sweep of this jury finding U.S.
Senator Bob Menendez, Wael Hana, and Fred Daibes guilty on all charges.
Is that what you expected?
Chris: Once the first four counts came in, the conspiracy counts, I think it was a safe bet.
I'm sure the government prosecutors were comfortable at the underlying substantive counts of bribery and extortion.
They were going to come through as well.
Basically, the jury found there was a corrupt undertaking, a conspiracy.
If they found that, the only steps they had to find is those actions were carried out.
It was clear in the presentment of the evidence that the government provided to the jury that it rang true to that.
Joanna: With your legal background, we saw the defense argued throughout that this was circumstantial evidence at best.
Clearly the jury did not see it that way.
There was perhaps never a silver bullet in this case.
But was it more than circumstantial?
Clearly the jury thought so.
What is your opinion?
Chris: My opinion is you can convict on circumstantial evidence alone.
In these types of cases, it is rare where you have something in writing or a recording that states the obvious.
Most of these cases hang on circumstantial evidence.
So the jury made the connection.
And Why they did, the government did a good job of painting the contemporaneousness of those receipts of value with official action that the senator undertook for his own personal gain.
It is not surprising.
You can argue circumstantial evidence.
There is the instruction that the jury is given that says you can convict on circumstantial evidence alone.
Joanna: What was the most compelling evidence the prosecution presented?
Chris: I think the most impactful evidence was all of those things of value.
It is really difficult for an ordinary jury member to appreciate or understand people just have hundreds of thousands of dollars of cash sitting around and gold bars, people get their mortgages paid for and cars but for them, just for the purposes of -- this was not a bribe.
The other thing that was important is the evidence that the government presented that demonstrated they tried to hide or conceal these activities.
That is where the obstruction of justice counts come in.
A jury can appreciate the common sense and understanding, that people don't try to hide or conceal actions they don't otherwise know are unlawful or improper.
But taken together, like I mentioned, the contemporaneous -- contemporaneousness of the official action pertaining to the things of value, that did them in here with the jury.
Joanna: What happens now?
Where just judge Sidney Stein step in here with sentencing?
What are we looking?
-- and what are we looking at?
Let's start with the process.
Chris: The next step will be, I suspect, that the defense attorneys will move to have the verdict thrown out, which are rarely successful.
Because Jury verdicts are considered sacrosanct.
After that, it will go to the U.S. probation office, and they will prepare a presentence investigation report that captures all of the criminal activities and conducts, which these defendants were convicted.
Also individually, the personal, historical background and information about these defendants.
Joanna: What do you make of their claims that this will be overturned on appeal?
Chris: It's not surprising.
Since day one, they have been beating the drum about the speech and debate clause protecting a lot of the official actions, and things that the government alleged he undertook as part of a bribe scheme.
When you are an elected official, for example, a senator in this case, any actions you undertake are given some level of immunity under the U.S. Constitution, under the speech and debate clause.
The reason that exists is to be able to give an elected official the ability to act robustly and not create a chilling effect on him performing his job in this case.
However, if you step outside and engage in illegal or unlawful conduct, you shed those protections.
That is where the decision lies here.
the judge denied their motion to exclude a lot of the conduct and actions the senator undertook earlier on in the game, and was permitted to go to the jury and let the government argue that this conduct was the product of an illegal bribe scheme.
And the jury found that was the case, that it wasn't part of his official duties and actions.
He was undertaking that for his own personal and financial enrichment.
Joanna: The political fallout of this case has been tremendous, starting long before the court case even began.
Micah Rasmussen is the director of the Institute for New Jersey politics at Rider University, he breaks it down including what happens in the U.S. Senate race.
If we do see a resignation or a vote to remove U.S.
Senator Bob Menendez, how swiftly with the -- with the governor need to act, considering sentencing on October 29, and an election coming up in November?
How does all of this play out?
Micah: The tricky part is they also said Andy Kim is the prohibitive favorite.
He is currently in the House of representatives, which is also closely divided.
Between Senate Leadership murder -- Senate leader Schumer and the House leadership, and Governor Murphy, they will have to figure out where that vote is needed the most.
And how long it is needed.
And where they can spare the vote the least.
It is a real question at this point.
I think it will color the discussions of how hard they push Menendez to expel him, or whether or not he is afforded the chance to wind down his term.
Joanna: We can't forget the fact that right now today in New Jersey, in the 10th Congressional District, there is a primary election to replace the seat of Congressman Donald Payne Junior who passed away.
That is also one less vote in the house for New Jersey, for the House Democrats.
All of this shuffleboard of where do we go for the Democratic Party -- >> Absolutely.
The fact that the house is closely divided is why we are seeing the special election process in Essex County and in the 10th district.
Because normally, the seat would be left vacant.
We will have an election for the full term in November.
It typically would have been left vacant.
It is the first time in decades we have had this midterm special election process.
That seat can't be filled until September, until the person is elected.
That seat will be vacant for a little while longer.
Do we want to start the process all over again?
That will be the question.
Joanna: While all of this plays out, what conversations do you think Democrats are having behind the scenes in New Jersey?
What do you think those conversations sound like?
Micah: I think they are definitely all trying to figure how hard they want to push for Menendez to resign.
They already called for him to resign, they did that in the wake of his indictments.
They are starting to do that, as you are seeing Governor Murphy and others.
There is not much more than that that they can do.
It is really a question of whether or not Menendez wants to go, when he wants to go, or whether or not the rest of his colleagues in the Senate will expel him.
Joanna: We have not seen in the courtroom was Congressman Rob Menendez.
We did see Alicia Menendez, his sister, there with her father .
The congressman has stated back from all of this.
Wise for him?
Can he escape this?
Micah: he has so far.
The big test was the primary election we just got through with, in which he was challenged and was not able to make his father's sins stick to him.
That was the real challenge.
Two years ago, when Menendez first got into the house, he was trying to wrap himself around his father as much as he could.
Now since the legal troubles, he has been running in the opposite direction.
He succeeded in doing that.
Probably at this point, he does not want to undo the success he has had their.
They have navigated that successfully and they want to keep that up.
Joanna: Micah Rasmussen, thank you for that insight.
This guilty verdict ends his career as calls for his resignation are once again pouring in today.
Menendez is still running as an independent.
And his name will appear on ballots this November, facing Congressman Andy Kim who easily won the Democratic primary in June, and businessman Curtis Asha who is running on the Republican side.
Basha released a statement that reads in part, New Jersey families with -- families deserve better for the May for TV scandals, courtesy of Bob Menendez.
Andy Kim also today renewed his calls for Menendez to resign.
He joins me to react to the senator's conviction.
Great to have you here with us.
You are now among many voices including Governor Murphy today, U.S.
Senator Cory Booker, calling for the senator to resign.
What happens next, he seems defiant as of now.
Rep. Kim: He has been defiant for the last 10 months, and well beyond that.
We have seen that with him in the past.
What I hope is the primary focus here is what is best for New Jersey.
What is best for the people of New Jersey, and for our country.
We are going through a very turbulent time in our nation right now.
A lot of people are on the edge, worrying about what comes next.
We need to have the kind of leadership in the United States Senate, that it is able to be able to respond to this.
The senator is not going to be able to do this he has been out of the Senate, not there for votes for the last several months.
Joanna: As we saw New York Senator Chuck Schumer also calling for him to resign, if he does remain defiant, does this come down to a vote, and do you believe there will be two thirds majority to remove him from the U.S. Senate?
Rep. Kim: First and foremost, I hope the senator does the right thing and steps down.
If he does not, we will see what comes next with the Senate.
I have certainly called for that before in terms of his expulsion, if he has not -- if he does not step down.
I respect the Senate to go through that process.
I don't know whether or not there are the votes for this now.
It will require votes from Democrats and Republicans.
We have heard very little from Republican Senators so far in terms of their position on this.
Joanna: If he resigns or if there is a two thirds vote, Governor Murphy could appoint someone to fill his seat.
Should it be you, given the fact that houses already without Congressman Donald Payne Junior, and then could be missing your vote as well?
Rep. Kim: Right now, the focus is on what is next for Senator Menendez.
If he does step down or is expelled, that is the governor's decision in terms of who fills that role.
If asked, I would accept.
I think right now, we have a lot of different tools to stop the Republican extreme agenda in the House of Representatives.
There is a special election going on now for Donald Payne Junior's seat that will be filled soon.
I think this is something where we will get to that as it comes.
That is a decision if it gets to that point, for the governor to make.
Joanna: Use all the writing on the wall early on.
You jumped in to try to win the Democratic primary.
You won it pretty handily in New Jersey.
What happens to this race if the senator does not back out as an independent?
How much could that damage your chances?
Rep. Kim: I will tell you we have run an incredible campaign.
What we have seen over the last 10 months has been remarkable.
The grassroots energy, we changed Jersey politics forever, and trying to make sure that we show that we will have different kind of politics.
That is resonating with people all over the state, including with independent voters.
I will when this election regardless of whether Menendez is on the ballot.
We will run our race and run as strong of campaign as possible.
This is more about trying to restore trust from the people of New Jersey in our politics.
That is what I will continue to push for with the next four months.
Joanna: You talk about restoring trust.
It is hurting to not put this in the context of the broader presidential race.
Many folks saying they don't want to turn out to the polls, not thrilled with either candidate.
Does this only solidify the idea that government is corrupt, and does it throw mud on the face of the Democratic Party?
Rep. Kim: Right now, look, we have big prices of trust in New Jersey and across the country.
84% of people in New Jersey surveyed believe their politicians are corrupt.
I think that is a devastating number.
Something that shows how much problems we face.
Which is why I stepped up.
I wanted to show there is a different way for us to do our politics.
One that is anchored in public service.
One that is anchored in humility and apathy, and the types of traits people want to see in their leaders through these difficult times.
I hope I can be part of the effort that can restore that sense of hope, as well as that sense of integrity in our politics.
So far, we have been connecting with a lot of people.
We need to make sure we are keeping that up until November.
Joanna: Congressman Andy Kim, we will be watching to see how this plays out, whether it comes down to a Senate vote and whether you end up stepping in to take that seat.
Thank you for being with us tonight.
In front of the courthouse of the Southern District of New York is Senior correspondent Brenda Flanagan who has brought us every nitty-gritty detail of this case over the last nine weeks.
Brenda was in the courtroom as the verdict was read aloud.
You have seen this case firsthand from the very beginning, to that moment the verdict was read.
What was that moment like in the courtroom?
Brenda: I have to tell you, that is a reporter, you sometimes get to see history unfold in front of you.
I can tell you that all through these two months of testimony, that Bob Menendez never really wavered.
He remained very intense, even though he wandered the hallways singing, he was always very cordial with us.
He was fiercely insistent that he was innocent.
Today, the jury disagreed, and they disagreed unanimously.
As we watch the jury foreman -- forewoman read Count after count, guilty, guilty, guilty.
You saw his expression change.
He shook his head like he could not believe it.
He put his head into his hands at one point.
When he walked out of the courtroom, his mouth was this grim line.
Then later when he came downstairs, he stood in front of the microphones and said, I am a patriot, I'm not a foreign agent.
Bob Menendez sounded angry.
Joanna: You have sat through about eight weeks of testimony on the prosecution side, nine weeks total.
What do you think swayed the jury?
Brenda: The prosecution's case was largely circumstantial.
But they took a lot of care.
I would say their arguments were intense, they were very thorough, they backed things up with emails and photographs and text messages.
Lawyers like to talk about making a good first impression, a big first impression with the jurors and that is what they did with those gold bars and that cash they let the jurors pass it around.
I saw one juror hold up a gold bar and go, wow, because it was so heavy.
Even the reporter eyes got this big.
I think that made an indelible impression on the jurors that stuck with them.
Joanna: We have followed along thinking that at some point, it was never going to end because it extended longer than originally planned.
I think originally, only six weeks of testimony was planned.
We got to nine.
Why did this take so long?
Brenda: Sort of, as a sidebar we did have a COVID delay.
We missed three days of testimony for that.
On top of that, it was a high-stakes case.
Both sides objected often strenuously to the point where you could see the judge getting exasperated.
There were flurries of motions that were filed, sometimes late at night.
At one point, the judge came in, he sat down, sort of grumpy, and said, somebody filed a motion at 8:00 this morning as I was on my way into work and I have not had a chance to read it yet.
He told both sides, you better stop the gamesmanship.
When you add it all up, we got nine weeks of testimony.
Joanna: Throughout the trial, we have talked about it at nausea, they have blamed Nadine Menendez.
What is happening now with Nadine?
Clearly the jury never really bought that argument.
What is happening there now?
Brenda: The jury never got to actually see Nadine.
She has been absent from the trial ever since her husband said she was getting treated for breast cancer.
However, she was all over the testimony, the defense indicated she was the one who orchestrated this entire scheme, and essentially kept her husband in the dark.
To which the prosecution responded, do you really think Nadine Menendez is that kind of a quote, unquote "diabolical genius," who could have pulled this off?
Do you think Senator Menendez as head of the Senate Foreign Relations Committee was really that clueless, which is quite a question for them to ponder.
In the meantime, the judge has issued an order postponing Nadine's trial indefinitely, while she undergoes, as we understand it, chemotherapy for this cancer.
Joanna: What happens next for the Senators now that this guilty verdict has come down?
Brenda: The judge did set a sentencing date of October 29.
That afternoon, all three of the defendants are going to be sentenced.
It will be Hana, then Daibes.
He is not able to file the appeal he has promised until after that sentencing date.
Joanna: Wow.
Such a momentous day in court.
I'm sure it is when you will remember for a long time.
Senior correspondent Brenda Flanagan, you have brought us the updates day in and day out.
Forever grateful for all of this coverage in this heat, have to have that P thank you so much.
Brenda: Thank you.
Joanna: That doesn't for our special edition of NJ Spotlight News.
Before you go, a reminder, download the spot -- the NJ Spotlight News podcast.
I am Joanna Gagis.
For all of us here at NJ Spotlight News, thank you for being with us, have a great night, and we will see you tomorrow.
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♪
Menendez says he's innocent, ‘not a foreign agent’
Video has Closed Captions
Clip: 7/16/2024 | 5m 29s | Sen. Bob Menendez is due to be sentenced Oct. 29 (5m 29s)
Prosecution leans on bounty of evidence against Menendez
Video has Closed Captions
Clip: 7/16/2024 | 8m 6s | Interview: Chris Gramiccioni, a former assistant U.S. Attorney for New Jersey (8m 6s)
Rep. Andy Kim renews call for Menendez resignation
Video has Closed Captions
Clip: 7/16/2024 | 5m 45s | If appointed, Kim said he is ready to fill the seat (5m 45s)
What's next after Menendez's guilty verdict
Video has Closed Captions
Clip: 7/16/2024 | 4m | Interview: Micah Rasmussen, Rebovich Institute for New Jersey Politics (4m)
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