Menendez can't call psychiatrist in trial, but sitting senators could be name-checked or called to testify

Sen. Bob Menendez cannot call a psychiatrist in his corruption trial who would say the senator developed a “fear of scarcity” that could account for some of the hundreds of thousands of dollars in cash found in his home that federal prosecutors say came from bribes.

But a roster of notable names in New Jersey and national politics — including several sitting senators — may get named and possibly even called in the trial.

Those developments came on the second day of the New Jersey Democrat's trial, as the judge overseeing the case continued to interview potential jurors. The judge expects jury selection to be wrapped up on Wednesday morning. After that, prosecutors, Menendez and two of his co-defendants accused of bribing him can give opening statements.

If so, prosecutors are expected to focus on the wads of cash and gold bars found in Menendez’s home in New Jersey.

Menendez, who said he routinely draws cash, wanted to call a psychiatrist who would say his family history caused him to develop a mental health condition that includes as a “coping mechanism” the “storing of cash in his home.”

Federal Judge Sidney Stein said the expert, Karen Rosenbaum, could not be called.

“It just doesn’t stand up,” Stein said in a ruling from the bench Tuesday evening after another day of vetting jurors.

Stein spent much of the day seeing if jurors had any potential conflicts.

As part of that, he went through a lengthy list of names that could come up in the trial, a list that he said included potential witnesses. On the list were several senators, including Cory Booker, Chris Coons, Tim Kaine and Marco Rubio — all members of the Senate Foreign Relations Committee, like Menendez. It also included Sen. Lindsey Graham (R-S.C.) and Rep. Dan Goldman (D-N.Y.).

It’s unclear whether any of them have any substantial role in the case, or simply will be name-checked by either the prosecution or defense teams.

“Our office is aware of the reporting,” said a spokesperson for Sen. Marsha Blackburn (R-Tenn.), who was also mentioned by the judge. “We have not received any outreach from either party.”

Several New Jersey political figures were mentioned, including a mayor in North Jersey, Nick Sacco, who was reportedly subpoenaed in the investigation.

A Sacco spokesperson said, “Mayor Sacco has not been in contact with anyone regarding the Menendez trial and he has not been asked to testify or provide any information.”

The list was so long the judge took at least two sips of water while reading through it — signs of a sprawling investigation that includes people in Qatar and Egypt, two governments Menendez is accused of aiding in exchange for bribes.

Stein also denied attempts by Menendez’s defense team to depose a Qatar-linked investment company in London. Menendez is accused of using his office — and leadership of the Senate Foreign Relations Committee — to benefit Qatar as a New Jersey developer accused of bribing Menendez was seeking a major investment from the company.

Menendez’s defense team had hoped the depositions would help undercut the government’s argument about the company’s links to the Qatari government, though it is run by a member of the Qatari royal family, and about how important the senator’s actions were to seal the deal between the investors and the New Jersey developer.

Menendez got one win: He will be allowed to call an accountant to testify about his finances, though that expert will not be allowed to characterize whether that lifestyle was extravagant or not.

On Wednesday morning, when jury selection resumes, the judge must interview some more potential jurors about their education, household, occupation and news consumption. After that, defense attorneys can strike 10 jurors and prosecutors can strike six.

At one point, United States Attorney Damian Williams, who announced the indictment against Menendez last fall, popped in and sat in the back to watch part of the jury selection.