Prosecutors said the disgraced senator could take the stand in his own defense.
When he comes up for trial next month on allegations of political corruption, the Sen. Bob Menendez may blame his wife, according to a court document unsealed Tuesday after news organizations including ABC News fought to make it public.
A potential line of defense was filed in secret earlier this year before a judge agreed that Menendez and his wife would be tried separately because of Nadine Menendez's undisclosed medical condition. The senator's trial is scheduled to begin May 6 in Manhattan federal court.
Defense attorneys said Menendez could take the stand in his own defense and incriminate his wife by suggesting he obtain information from her and that she was unaware of his illegal activities.
“These explanations and the marital connections upon which they rely may incriminate Nadine by proving that there was no improper motive on the part of Senator Menendez, which would tend to exonerate Senator Menendez, and the ways in which she withheld information from Senator Menendez, otherwise leading him to believe that nothing illegal had occurred,” The filing said.
Menendez is accused of accepting cash, gold bars and other favors from New Jersey businessmen in exchange for official favors benefiting the businessmen and the governments of Egypt and Qatar. He is innocent.
The senator announced last month that he would not seek a fourth term as a Democrat in the fall.
