Gotham Government Relations President David Schwartz on Newsmax THE FREEDOM FILE with Judge Andrew Napolitano discussing Senator Bob Menendez Fights Guilty Ruling

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0:01 [Music] 0:07 former US senator Bob Menendez of New 0:09 Jersey who was convicted of bribery 0:11
obstruction of justice and serving as a 0:13 foreign agent for the Egyptian 0:15 government in July has asked the trial 0:18 judge to reverse the guilty verdicts and 0:20 find him not guilty as a matter of law 0:23 the Senator's lawyers have argued that 0:25 even if he did what the government 0:27 demonstrated at trial it does not itute 0:30 criminal Behavior as the Supreme Court 0:32 has interpreted it does he have a shot 0:35
back with us of course is trial attorney 0:38 and my friend David Schwarz so David you 0:40 and I both know the case of Governor Bob 0:43 McDonald of um of Virginia uh who was 0:46 convicted of bribery for accepting a 0:48 Rolex watch and the payment of the of 0:51 the bills for his daughter's wedding by 0:53 a guy had who had some business before 0:55 the state and then the Supreme Court 0:57 reversed that conviction N9 to nothing 0:59 say yeah he got all those gifts but he 1:01 didn't do anything out of the ordinary 1:03 in return to get the gifts that is 1:06 basically what Bob Menendez is going to 1:09 argue that what he is accused of doing 1:12 is what Senators always do Lobby for 1:15 constituents and he would have done it 1:17 anyway what do you think how how does an 1:19 argument like that rest on the ears of 1:22 the trial judge who presided at the 1:25 case so the facts in the McDonald case 1:28 are different than the facts in the 1:29 Menendez case so although that it's true 1:33 you know he was evicted of the of the 1:35 bribery you have to have this close 1:37 connection between the the act of taking 1:41 something of value whether it's uh 1:44 watches uh gold bars or Furniture in 1:47 this case or cash and connect it to the 1:50 official act that the senator is accused 1:53 of doing so it's going to be a fact 1:56 specific case uh certainly the jury felt
1:59 there was enough of a connection and 2:01 we'll see uh what the judge decides I 2:04 believe there overwhelmingly that the 2:06 judge will uphold the jury the jury 2:09 conviction well most trial judges as you
2:12 know do but I'm going to make you the 2:15 chief judge of the United States court 2:17 of appeals for the second circuit for 2:19 the purposes uh of this uh argument but 2:23 judge Schwarz my client did not exercise 2:27 the official levers of power in behalf 2:31 of the Egyptian government or any of his 2:34 codefendants and that phrase official 2:37 levers of power is directly out of the 2:39 McDonald case we suggest to you that the 2:42 trial judge misunderstood what the 2:44 Supreme Court told him he should have 2:46 understood how do you rule yes counselor 2:50 but the way I rule is the official 2:52 levers of power were directly tied to 2:56 these gold bars to the cash and to to 3:00 the furniture that Menendez received and 3:03 he actually got his wife involved to be 3:06 the recipient of all that and the 3:09 evidence is overwhelming at trial that 3:12 those official acts in in helping the 3:15 Egyptian government were were tied to 3:18 the receipt of those things of value so 3:22 in this particular case we can 3:24 distinguish it from the McDonald case 3:27 and uphold the jury verdict that's how 3:29 would rule here's now now you're back to 3:31 being good old David Schwarz criminal 3:33 defense lawyer so here's one from way 3:36 out of left field his wife's trial 3:39 starts next month what happens to Bob 3:42 Menendez if he takes the witness stand
3:45 and says I did it I did everything she 3:47 had nothing to do with it let her 3:50 go well I I I certainly think that would 3:54 be some good evidence on her behalf and 3:58 and that's something that that he may 4:00
consider doing you never know but but 4:03 certainly if he did that uh you know 4:06 that would adversely affect the the the 4:09 case that he has on appeal that would be 4:11 an interesting scenario judge you you
4:13 hit me with a a curveball there but um 4:16 you know certainly that would help his 4:17 wife if he testified in that fashion I 4:19 threw the curveball but you hit it into 4:21 the Outfield David Schwarz what a
4:23 pleasure my dear friend I hope you'll 4:24 come back and join us again I hope so 4:27 thank you judge of course that's my show 4:29 for for this week thank you for watching 4:31 have a great weekend 4:33 [Music]