DAY TWENTY-EIGHT

Lawyers for U.S. Senator Bob Menendez rested their case on Friday after calling four witnesses, with the New Jersey’s senior senator declining to testify in his own defense, which is his right.  Menendez, in his own words, told reporters on his way out of the Daniel Patrick Moynihan Federal Courthouse in Lower Manhattan: “From my perspective, the government has failed to prove every aspect of its case.  And for me to testify and give them another chance to have, in essence, a second summation, go through the whole case again, and then go ahead and have their summation, and then have a rebuttal case at the end, is simply not something that makes any sense to me whatsoever.  So we look forward to the summations, and I expect my lawyers will produce a powerful and convincing summation, deduce how the evidence came out, where they failed across the board, and have a jury render a verdict of not guilty.”

No witnesses were called by co-defendant Fred Daibes’ lawyer, while the attorney representing another co-defendant, Halal meat executive Wael Hana, will call a defense witness when the trial resumes on Monday.

HERE’S WHAT YOU NEED TO KNOW: Jurors are expected to begin deliberating next week.

DAYS SINCE THE INDICTMENT: 284

DAYS SINCE MENENDEZ’S LAST CRIMINAL TRIAL ENDED: 2,419

MISSED VOTES: 34
There have been no votes in the Senate since June 20 and is not expected back in session until next week.

And in case you’re keeping track: it’s been 43 years and 61 days since a United States Senator from New Jersey was last convicted of accepting a bribe.

NEW JERSEY ABSTAINS, COURTEOUSLY
— Sen. Menendez rests his defense in federal bribery trial from New Jersey Monitor’s Dana DiFilippo: “Sen. Bob Menendez, in his first words in court since his federal bribery trial started eight weeks ago in Manhattan, told the judge Wednesday that he would not speak in his own defense and rested his case after just two days of witnesses testifying on his behalf. ‘I’m not seeking to take the stand at this time,’ New Jersey’s senior senator told Judge Sidney H. Stein, assuring the jurist he had discussed the matter ‘at length’ with his attorneys … After testimony by the senator’s sister and sister-in-law riveted jurors Monday, Wednesday was an anticlimactic end to the senator’s defense in a trial that was expected to end a week ago. Stein, as well as attorneys for all three defendants, have increasingly expressed concerns about “losing jurors” as the trial has fallen behind …  Stein on Wednesday doubled down on his frequent vows to speed proceedings up, telling Hana’s attorney Lawrence Lustberg that he won’t wait on a witness Lustberg aims to call to the stand Monday — who’s now stuck in Egypt awaiting a visa. “We’re all going to be as efficient as possible in the use of this jury. I’m not going to significantly delay things for that issue,” Stein said. ‘The rule in my court is: If you don’t have a witness, you rest.’”

CRITCHELY: MENENDEZ DIDN’T NEED TO INTERVENE BECAUSE GREWAL HAD “A WEAK CASE”
More from DiFilippo: “Jurors also heard a prerecorded video deposition of attorney Michael Critchley, who represented a trucking company owner in an insurance fraud case filed by the New Jersey Attorney General’s Office/ Prosecutors have said Hana and codefendant Jose Uribe bribed Menendez to derail the office’s prosecution of E&K Trucking owner Elvis Parra … Critchley testified that Menendez called him in March 2019 to complain that Parra’s case was ‘an abuse of prosecution,’ and the men agreed the Attorney General’s Office was being used by insurance companies to collect private debt. Under Weitzman’s questioning, Critchley said the senator did nothing ‘inappropriate or improper’ and that he occasionally talked with Menendez about criminal cases that made the news. Parra eventually agreed to a plea deal with a sentence of noncustodial probation, but Critchley said the plea offer was made because state prosecutors had ‘a weak case’ and not, as prosecutors allege, because Menendez called and met with Gurbir Grewal, then the attorney general, in a deal with Uribe that required the senator to ‘kill and stop all investigation.’

AND NOW, THE END IS NEAR
— Menendez Defense Rests Without Senator Testifying from New York Times’ Benjamin Weiser and Tracey Tully: “After calling just four witnesses, lawyers for Senator Robert Menendez of New Jersey rested their case late Wednesday afternoon in Manhattan federal court, setting the stage for jurors to begin deliberations in his international bribery conspiracy trial early next week.”

IT’S NOT UNUSUAL TO GO OUT AT ANY TIME
— Bob Menendez’s defense rests without New Jersey senator testifying in bribery trial by CBS News’ Caitlin Yilek: “A handful of witnesses testified on his behalf, compared to the 30 witnesses called by the prosecution during the trial, which has so far spanned eight weeks. Menendez’s defense attorneys called his sister and the sister of his wife, Nadine Menendez, to testify on Monday as they sought to show it was not unusual for the couple to keep gold and  large amounts of cash in their home.”

* Sen. Bob Menendez declines to testify in his bribery trial as the defense rests

* Bob Menendez’s lawyers bring in family as they argue his trial defense
* Bob Menendez says he didn’t testify because prosecution failed to prove its bribery case against him

* Senator Bob Menendez rests defense case in federal bribery trial

SENATOR ON TRIAL:  DAY ONE | DAY TWO | DAY THREE | DAY FOUR | DAY FIVE | DAY SIX | DAY SEVEN | DAY EIGHT | DAY NINE | DAY TEN | DAY ELEVEN | DAY TWELVE | DAY THIRTEEN | DAY FOURTEEN | DAY FIFTEEN | DAY SIXTEEN | DAY SEVENTEEN | DAY EIGHTEEN | DAY NINETEEN | DAY NINETEEN (AND A QUARTER) | DAY TWENTY | DAY TWENTY-ONE | DAY TWENTY-TWO | DAY TWENTY-THREE | DAY TWENTY-FOUR | DAY TWENTY-FIVE | DAY TWENTY-SIX | DAY TWENTY-SEVEN

In the latest example of the environmentalist cause going too far, the New Jersey State Senate has voted to move forward with a bill that would ban gas-powered leaf blowers within the next four years.

The original version of the bill states that the use of gas-powered leaf blowers – staple products relied upon by contractors and consumers alike for affordable and accessible lawncare – emit high levels of pollutants. This, the bill alleges, may contribute to acid rain and smog formation. It also claims that noise pollution from the machines is capable of causing hearing loss and that they blow dust and particles during their use.

Proposed by Senator Bob Smith of Middlesex and Sommerset, New Jersey Senate Bill 217 would prohibit the sale of two stroke engine leaf blowers – by far the most common and affordable type of leaf blower – within two years of the bill’s passage and prohibit use of these leaf blowers within four years. In addition, the bill would ban the use and operation of four stroke engines in residential areas. For non-residential areas, their use would be limited to just four months of the year.

Although these limits are watered down from the blanket ban initially proposed, they represent a clear attack upon consumer freedom and place a new burden on both businesses and the general public.

New Jersey’s proposed ban follows in the footsteps of other states and localities that have attempted to limit consumer choice. California banned the sale of all gas-powered leaf blowers as of January 1st, 2024, while many cities throughout the nation, including the District of Columbia, have passed local ordinances to prevent their use. 

Following a warning for the first offense, the bill would impose a fine of $1,000 for infractions regarding the commercial use of these leaf blowers, and a $25 fine for anyone else using the banned blowers.

Rich Goldstein, president of the New Jersey Landscape Contractors Association, explained the problems for companies to  comply with the new law saying, “New Jersey is bombarded with leaves and stuff to clean up. We’re not California, we’re not Florida. We have leaves. The average house in New Jersey, you take away 30 to 50 cubic feet of leaves each fall. That’s a lot of leaves.”

For Goldstein’s company, the new bill would represent the need to replace up to $200,000 worth of gas leaf blowers. He added that it’s more than just the cost of replacement, “It’s retrofitting your truck to be able to charge batteries throughout the day. And by doing that, you’d have to keep your diesel engine running, and that causes another issue. This is just a terrible idea.”

Although electric leaf blowers may be a good choice for some individuals, this should be a personal choice. For example, electric blowers are generally less powerful, and to achieve greater performance, gas-powered models are typically necessary. Additionally, they are largely limited to less than two hours of battery capacity, which makes them unsuitable for those living in wooded areas. These electric leaf blowers also generally come with a warranty of just 80 days, in stark contrast to the standard five-year warranty on gas-powered blowers.

New Jersey’s proposed ban limits the options of consumers and contractors. Once again, government is dictating the choices in the market, and in doing so, preventing individuals and businesses from buying and using leaf blowers that would best meet their needs.