Prosecutors may call on Nadine Menendez lawyers as witnesses in bribery case

Despite a recent change in representation, Nadine Arslanian Menendez may soon be on the hunt for another lawyer. Recent court filings show that the government may bring David Schertler and other members of his law firm to the stand as witnesses against her and her co-defendants in a federal corruption and bribery case.

Her co-defendants include her husband, Sen. Bob Menendez, and three New Jersey businessmen, including Wael Hana and North Jersey developer Fred Daibes. The third, Jose Uribe, recently flipped his not guilty plea to guilty.

The United States attorney for the Southern District of New York requested a hearing to ensure Nadine Menendez "understands and knowingly waives the multiple issues arising from her continued retention of Mr. Schertler and his law firm," U.S. Attorney Damian Williams wrote in a letter to Judge Sidney Stein on Sunday.

The hearing would involve a series of questions posed to Nadine Menendez alerting her to all the possibilities of what could happen during trial.

A proposed list of questions was included in the court document and outlined whether there is a conflict of interest or other potential problems related to Schertler, as well as Danny Onorato and Paola Pinto, who also represent Nadine Menendez, due to their personal knowledge of certain facts that the government has alleged are relevant.

"The Government believes that Schertler participated in, among other things, relevant conversations with you and counsel for your co-defendants Robert Menendez and Wael Hana," court documents said.

The conversations included such topics as the nature and purpose of the payments co-defendant Uribe made for a Mercedes-Benz that Nadine Menendez received, the nature of payments Hana made towards Nadine Menendez's mortgage, and the purpose of repayment for both.

Related: Most people call the police once or twice in their lives. Not when you're Nadine Menendez

There is also a question of communications Nadine Menendez had with Schertler regarding a presentation he made to the United States Attorney’s Office on Aug. 11, 2023, the purpose of that presentation, and communication he had with counsel for Nadine and Bob Menendez.

The state said in its sample questions that there is no decision about whether they will be witnesses, but if the government does call on one of the attorneys, there's the possibility that one or more of them would have to withdraw as Nadine Menendez's counsel.

Williams, the U.S. attorney, said his team is aware that Nadine Menendez's counsel does not consent to the proposal and that her team plans to file a response.

Nadine Menendez hired the new firm in January using pro hac vice, a process that allows her to bring in an attorney who is not bar-certified in the state where the trial is taking place. In this instance, she's hiring Mark MacDougall, who can work in Massachusetts and Maryland.

MacDougall is from the firm Schertler Onorato Mead & Sears in Washington, D.C., and has been certified as in good standing with the Maryland Supreme Court.

He has experience with this type of case, having previously represented Bijan Rafiekian, a onetime business partner to former President Donald Trump's National Security Adviser Michael Flynn, against the federal Justice Department. Rafiekian had been accused of illegally lobbying on behalf of the Turkish government.

The indictment against the Menendezes and the three businessmen includes allegations that Nadine Menendez received a car paid for by co-defendants Hana and Uribe in 2019. She totaled her previous car in December 2018 when her vehicle hit and killed pedestrian Richard Koop on a Bogota street.

Nadine Menendez did not call the police for nearly five minutes after the initial incident. She has displayed a habit of calling the police to her home.

The defendants in the federal corruption case face 18 counts brought by federal prosecutors, including conspiracy to obstruct justice and obstruction of justice, amid allegations that Menendez, the senator, was working to benefit Qatar in addition to Egypt.

Menendez and his wife allegedly received, among other things, cash, gold bars and the luxury car in exchange for using his political influence.

Nadine Menendez and the senator have requested separate trials on the grounds that a joint trial could "compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgement about guilt or innocence."

Those filings said Menendez’s testimony at his trial "could include revealing confidential marital communications" with Nadine Menendez that she wishes to keep confidential in her case.

The trial is currently set to be held in May.

This article originally appeared on NorthJersey.com: Nadine Menendez lawyer could be witness in bribery case