Menendez to Use the Marion Berry Defense?

Sen. Bob Menendez may plan to blame his wife for actions that led to a federal bribery case against him, a newly unsealed court filing suggests.

The senator’s legal team plans to try to show the “absence of any improper intent on Senator Menendez’s part” by “demonstrating the ways” in which his wife, Nadine Menendez, “withheld information from Sen. Menendez or otherwise led him to believe that nothing unlawful was taking place.”

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In a mid-March legal filing, Menendez’s legal team tried to keep those exact words under seal because they believed having that defense strategy public would taint the jury pool. But a reporter at NBC New York and then a coalition of media organizations, including POLITICO, fought to make those sentences public. On Tuesday, federal judge Sidney Stein ordered their release.

Ed Morrissey

In case you don't know the reference in the headline, here's the video of then-DC mayor Berry blaming his girlfriend at the time for his drug bust. 

The judge just separated the trials of Menendez and his wife, which means each can blame the other in front of two separate juries and hope they get off. That may be their only hope at this point, but it wouldn't have worked at all had their trial been conducted jointly. One has to wonder whether Nadine's medical treatment and subsequent request for a separate trial wasn't part of a plan for this strategy. 

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