Menendez to feds: Tape my wife, please!

Matt Friedman's must-read briefing on the Garden State's important news of the day
Apr 17, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Frank Sinatra said marriage is an institute you can’t disparage. Fellow Hudson County native Bob Menendez is challenging that notion.

An unsealed sentence from one of Sen. Menendez’s motions in his corruption trial indicates that he may intend to throw his wife and co-defendant Nadine under the Bergenline Avenue jitney.

NBC 4’s Jonathan Dienst had initially requested that two sentences be un-redacted in a March Menendez filing to sever his trial from his wife discussing marital privilege, followed by a coalition of media organizations, including this one. Menendez’s legal team wanted to keep them hidden because they felt it could taint the jury pool. Here’s one of those sentences: “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.”

Ouch. A lot of people suspected something like this might happen when the couple got separate lawyers.  

Read more from Ry Rivard here

Meanwhile, the timing of Menedez’s trial is still in question. What prosecutors characterize as an “impasse” over a potential conflict for one of Menendez’s co-defendants’ attorneys, Lawrence Lustberg, wasn’t settled yesterday. The two sides have been hammering out a witness stipulation by Lustberg — who represented Menendez co-defendant Fred Daibes in a bank fraud trial that touches on this case — to be used at trial instead of calling Lustberg to testify, which prosecutors say would require his disqualification and require a delay in the trial. On Monday, Stein ordered them to keep negotiating, but they hadn’t reached a deal by his 1 p.m. deadline. Stein has a pre-trial conference scheduled today at 10 a.m. to “discuss the proposed stipulation and the timing of the trial.”

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

QUOTE OF THE DAY: “Wuss” — Bob Menendez to Lawrence Lustberg for not being more aggressive in trying to get a bank fraud case against Fred Daibes tossed, according to the defense’s proposed stipulation.

HAPPY BIRTHDAYDavid Verducci, Conor Schmiegel

WHERE’S MURPHY? — No public schedule

 

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WHAT TRENTON MADE


FIFA VS. OPRA — “Free transit? No tax collection? We got NJ contract to host World Cup. Here's what it says,” by The Record’s Katie Sobko and Colleen Wilson: “New Jersey agreed to free public transportation for World Cup ticket holders — even as NJ Transit recently approved a 15% fare hike to plug budget deficits — possible state tax exemptions and numerous other potentially expensive state and local commitments, according to the contracts struck with FIFA to be a host city for the 2026 World Cup. While state officials have spent the past few months highlighting the feat of luring the world's biggest sporting event to East Rutherford, little has been said about the actual contract bringing FIFA's World Cup to the Meadowlands. NorthJersey.com obtained the contract and addendums after multiple public records requests were improperly denied or delayed, and only after legal counsel reached out demanding the documents, which should have been produced immediately under the state public records law.”

TRANSPARENCY IN ACTION — “CRDA board unanimous for Scheffler as new director,” by The Press of Atlantic City’s Bill Barlow: “In a unanimous vote after a brief closed-door meeting, the Casino Reinvestment Development Authority named former Atlantic County Sheriff Eric Scheffler its new executive director. Sources had indicated that Scheffler had the backing of Gov. Phil Murphy’s office and would get the job, but the vote was expected at the May meeting. There was no discussion among board members before the vote or after the meeting reopened to the public. The appointment must still be confirmed by Murphy’s office.”

—“Revamped Motor Vehicle Commission faces $50M budget shortfall” 

—“Baraka for governor fundraising off to a slow start” 

—“Gateway Tunnel project is one step closer to getting massive federal grant” 

—Opinion: “Businesses will leave NJ if they face more corporate taxes — even to bail out NJ Transit” 

 

Join POLITICO on Wednesday, April 17 at 6:00 p.m. ET for networking over cocktails and passed hors d'oeuvres. Don't miss your chance to meet POLITICO's New York editorial team and learn more about their coverage of current affairs in Albany. RSVP here.

 
 
BIDEN TIME


THE ONLY RETAINER HE CAN AFFORD IS FROM AN ORTHODONTIST — “Menendez raised nearly $189K for legal defense against federal indictment so far in 2024,” by The Record’s Ashley Balcerzak: Sen. Bob Menendez raised nearly $189,000 from real estate developers, property management companies and individuals across five states, and spent nearly all of it during the first three months of 2024 to help fund his legal expenses related to federal bribery charges he and his wife face. This is the least he has raised in a quarter since setting up the fund last July.”

—“Bob Menendez is burning through cash as the New Jersey senator’s legal woes mount and fundraising plummets” 

—“More than a decade after his death, Lautenberg still has nearly $90,000 cash-on-hand” 

—“New Jersey’s Q1 congressional fundraising, by the numbers” 

—“FEC: Bhalla outraises Rep. Menendez overall; incumbent has better Q1, more COH” 

LOCAL


OUT OF COMPTROLL — Comptroller: Essex County vaccination program had ‘waste’ and ‘abuse’, by POLITICO’s Daniel Han: Essex County’s Covid-19 vaccine program broke public procurement rules, overpaid government contractors and did not properly manage workers, according to the Office of the State Comptroller. The report focused on the county’s vaccination program, which spent $40 million between August 2020 to August 2022. The critical report described deficiencies that led to increased risk of “fraud, waste, and abuse” as well as a county government that “undermined transparency and accountability in the use of public funds.” The report offered a starkly different portrayal of the county government which Gov. Phil Murphy praised the other night, when he said that “there may be no county in America that’s better run than Essex County. … The report described six-figure overpayments to vendors, key documents missing to explain government spending and little oversight over employees: In one instance an employee was paid $130,000 over an 11-month period, although the county health Officer “did not know this person or what she did for the vaccination program.” In a lengthy response to the comptroller’s findings, Essex County Executive Joseph N. DiVincenzo, Jr. — who is viewed as one of the most powerful Democrats in North Jersey — called the Comptroller’s report “unbalanced, unfair and does not accurately depict Essex County’s response to the pandemic.”

SMALL — “Small won't resign as Atlantic City mayor after being charged with abusing teenage daughter,” by The Press of Atlantic City’s John O'Connor and Michelle Brunetti Post: “Mayor Marty Small Sr. will continue in his job as mayor and his family remains loving and intact in spite of recent child endangerment charges, attorney Ed Jacobs said in a statement Tuesday morning. "Mayor Small and Superintendent La'Quetta Small are completely innocent of any wrongdoing and will ultimately be vindicated," Jacobs said. … Atlantic City Board of Education president Shay Steele didn't comment on the status of La'Quetta Small's employment, but said the board will discuss the matter during its regular meeting at 6 p.m. April 23."

—“Affidavit: Daughter’s boyfriend of whom Atlantic City mayor disapproved recorded abuse in video call,” by The AP’s Wayne Parry: “Atlantic City Mayor Marty Small and his wife disapproved of their teenage daughter’s boyfriend, who secretly recorded an incident of him allegedly physically and verbally assaulting the girl over a video chat, according to an affidavit filed by prosecutors. … ‘Mayor Small and Superintendent LaQuetta Small are completely innocent of any wrongdoing and will ultimately be vindicated,’ their lawyer Ed Jacobs said in a statement Tuesday. ‘These complaints focus exclusively on private family matters, basically attempting to second-guess parental decisions.’ … [The affidavit] includes a transcript of dialogue between the Smalls and their daughter that were recorded by cell phones or laptops, apparently without the parents’ knowledge. But it also includes assertions that the girl told state child welfare investigators that she made up the allegations because she was angry at her parents. These claims were contradicted in the affidavit by text messages she sent to friends claiming she actually was being abused and did not feel safe at home.”

LITTLE — “Police Chief suspended in Toms River,” by Patch’s Karen Wall: “Toms River Police Chief Mitch Little has been suspended for two days, multiple sources confirmed to Patch. … ‘It's a personnel matter and I am not at liberty to discuss it,’ Little said. … The suspension, which sources told Patch was over an administrative issue, comes amid continuing tension between Rodrick and the police department over the mayor's decision to eliminate two captains' positions in the department. … After Rodrick sent a letter to all residents in the township defending his decision to make the cuts and publishing the salary and benefits information for the police department's command staff, Little refuted the claims in a post on the police department's Facebook page. Little's post was removed about 12 hours later.”

TOMS RIVEN — “Ex-Toms River police spokesperson lawsuit: Mayor fired me for revenge against my dad,” by The Asbury Park Press’ Jean Mikle: “The former spokeswoman for Toms River's police department has sued Mayor Daniel Rodrick and the Township Council, saying they fired her from her job because of the mayor's animosity toward her father, a member of Toms River Regional's Board of Education. … [Jillian] Messina's father, Joseph Nardini, is a long-time member of the school board, and publicly clashed with Rodrick in 2021, after a nasty school board election in which Nardini said the then-councilman accused him and school board member Jennifer Howe of allowing ‘pornography’ in the middle school curriculum. … Nardini went to a council meeting in November 2021 and told the other councilmen, ‘This man is garbage, I’m telling you this man is garbage.’… Assistant Township Attorney Peter Pascarella said that Messina was a confidential employee, who did not have a contract, "which means she can be terminated for any reason that is not unlawful. Her position was eliminated for economic reasons, which is solely the administration's discretion. … Phil Stilton, who was serving as the township's public information officer, replaced Messina. … But after a heated exchange Feb. 26 with Business Administrator Jon Salonis, Stilton left town hall and has not yet returned to work with the township.”

MONMOUTH COUNTY — “Five months later, Atlantic Highlands losing mayoral candidate gives up fight, speaks out,” by The Asbury Park Press’ Jerry Carino: “Five months after Election Day, the Atlantic Highlands mayoral saga is over. Republican James Murphy, who came up five votes short, has withdrawn his lawsuit contending that ‘illegal votes were received and that legal votes were improperly rejected’ and the result ‘should be vacated.’ The move comes after a recount certified Democrat Lori Hohenleitner won by a five-vote margin, 847 to 842, and a subsequent trial during which Monmouth County Superior Court Judge Mara Zazzali-Hogan examined the residency claims of 15 voters. She ruled six of the ballots as illegal — three of those voters had been challenged by Murphy, and three by Hohenleitner.”

RUDY CAN FAIL — “Indicted N.J. cop plotted with locked-up gang member to assault witness, AG says,” by NJ Advance Media’s S.P. Sullivan: “A state grand jury has indicted a suspended Trenton police officer on 11 charges including accusations he lied about his gang ties on his job application and conspired with a state prisoner in an attack on a witness. Rudy Lopez, 38, faces charges of conspiracy, official misconduct, records tampering, financial crimes and possessing marijuana with intent to distribute, according to the state Office of Public Integrity and Accountability.”

—“Montclair officer released from hospital following shooting, woman arrested” 

—“Odds aren’t looking great for Atlantic City’s beaches to be fixed before summer” 

—“You can now find more Clifton Council documents online. Here's where and why” 

EVERYTHING ELSE


SPRINGTIME FOR HITLER IN NEW JERSEY — “Antisemitic incidents doubled in N.J. last year with major increase at schools, colleges, report says,” by NJ Advance Media’s S.P. Sullivan: “Nearly 1 out of every 10 antisemitic incidents of the 8,873 reported nationally in 2023 happened here in New Jersey, home to more than half a million Jews, the ADL survey shows. In 2022, there were 3,697 incidents nationwide and 408 in New Jersey. They included physical assaults, the attempted fire bombing of a Bloomfield synagogue, ‘Heil Hitler’ salutes at middle schools and an ice cream truck driver who shouted profanity at visibly Jewish patrons. … Almost half of those New Jersey’s incidents — 409 out of 830 — followed the Oct. 7 attack by Hamas.“

NO ONE WILL EVER COVER HER SHIFT AGAIN — “An NJ toll worker called out of work due to a ‘gut feeling.' Turns out, she was right,” by NBC 4’s Ted Greenberg: “It was early Friday morning when Jessica Daley, who works along the Garden State Parkway, said she awoke to a premonition. ‘I had just like a really like, bad gut feeling that something was going to happen. Like something terrible was going to happen,’ she said. Then a second warning came around 4 a.m. ‘I actually had a feeling that I was going to get in a car accident. And it was so strong, that I actually called out and I literally never call out of work,’ Daley said. About four hours later, there was a violent crash at the Barnegat Toll Plaza, as a garbage truck slammed into a collector’s booth. Daley said that booth ‘is usually the booth that I’m in.’ Debris hit a Chevy pickup and the toll booth. A toll collector and the trash truck driver suffered serious injuries.”

—“NJCU faculty union pushes back against fiscal monitor’s ‘unrealistic’ recommendations for cash-strapped school” 

—“Future home of Bell Labs gets approval for construction” 

 

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