THE MENENDEZ TRIAL: A Senate Staffer’s ‘Friendship Exception’ Confession

Menendez

NEWARK – A Senate staffer who helped prepare yearly financial disclosure forms testified this afternoon that he had never read the instructions all the way through, and was under the impression there was a “friendship exception” which made the gifts Sen. Bob Menendez accepted from his friend Dr. Salomon Melgen exempt from reporting.

A single charge against Menendez alleges the senator deliberately kept the gifts of air travel, hotel stays and vacations with Melgen off the disclosures because he knew they were bribes. But if the defense put staffer Robert Kelly on the stand to give the jury an alternate explanation of bungling, they may have succeeded.

Admittedly nervous but sticking to his story, a hapless Kelly held on through testimony and an awkward cross-examination. Though Kelly worked on Menendez’s disclosures and hand-delivered a copy to the Senate Ethics Committee each year, Kelly admitted to doing little more than skimming the 18 pages of disclosure requirements.

“I’m just not that familiar with all the instructions in this form,” Kelly said.

Department of Justice prosecutor Monique Abrishami took Kelly through the rules identifying 11 separate types of gifts exempt from reporting, apparently hoping Kelly would admit flights and vacations with Melgen were not included. But Kelly was under the impression that number 11 – “Gifts of personal hospitality on the donor’s personal or family premises” – gave Menendez a loophole.

“This was my understanding of the friendship exception at the time,” Kelly said.

“My understanding was that if there was a gift or an exchange by the senator and a close personal friend, that did not have to be disclosed,” he said later.
 
Abrishami said the exemptions only meant the gifts could be accepted, and still needed to be disclosed. She did, however, force out from Kelly a confession that Menendez post-dates his signature on the forms.
 
“So your recollection is that every year Robert Menendez falsified the date on his form?” Abrishami asked, her voice raising to a dramatic crescendo that drew an objection from Menendez lawyer Abbe Lowell.
 
With a general question, Lowell countered the government’s argument Menendez was concealing his relationship with Melgen.
 
“Did you ever see a time Sen. Menendez listed any gift he had got from any friend?” Lowell asked.
 
“No, sir,” Kelly replied.
(Visited 17 times, 1 visits today)

Leave a Reply

Your email address will not be published.

News From Around the Web

The Political Landscape