Sen. Robert Menendez may blame his wife if he takes the stand during his trial, possibly claiming she was the one getting the money and hiding the truth from him, according to court filings.
The Democrat's line of defense was filed in secret with a federal judge in January. The document were made public on Tuesday after the news media fought to make the documents public.
In those documents, Menendez's legal team wrote that if the senior senator from New Jersey were to take the stand, his story would clear him of the allegations he accepted any bribes — but that story could implicate his wife Nadine. The lawyers stated that she kept information from him and he was apparently unaware of what she had been doing, leading him to believe nothing illegal was occurring.
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"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.
Menendez's lawyers said that if he were called to the stand, he could testify about communications with his wife that prove he was unaware of any wrongdoing.
Menendez and his wife are accused of accepting tens of thousands in cash and gold bars from three businessmen in what prosecutors have said was a wide-ranging bribery scheme. In exchange, the senator stands accused of trying to help secure overseas business deals as well as interfere with separate criminal investigations related to two of the businessmen.
The senator, his wife and two businessmen each pleaded not guilty.
Earlier in April, a federal judge ordered separate trials for Bob and Nadine Menendez amid news she had fallen ill and would require surgery and weeks of recovery.
The couple wanted separate trials so that he could tell the jury his wife was the one who accepted money – without that story putting her in jeopardy. After separate trials were granted, the senator was no longer at risk of violating privileged marital communications between him and his wife, because his defense at his trial will not be part of her later trial.
This document was originally written and sealed in January, well before Nadine got sick and the trials were severed. NBC News legal analyst Danny Cevallos said that despite the move theoretically hurting Nadine's case, it could actually be "protective" of her.
“If the defense gets their way, Menendez can take the stand, point his finger at his wife and then none of that can be used against her at her subsequent trial," Cevallos told NBC New York. "It may be this is really a preview of what Menendez plans to do at trial. Or it is possible the defense really wants a severance and they are coming up with theories to bolster their argument for a severance.”
“The defense poses a hypothetical that Menendez may take the stand and point the finger at his wife as part of his own defense," Cevallos continued. "The reason that is a hypothetical is statistically defendants usually don’t take the stand – especially when they might have credibility issues like Menendez does."
One of the businessmen, Jose Uribe, pleaded guilty and has been cooperating with prosecutors. He admitted he helped both the senator and his wife buy a Mercedes as part of a bribe scheme and later made up a cover story to try to fool federal investigators.
