In court filings Monday, U.S. Sen. Robert Menendez, D-New Jersey, and his wife, Nadine Menendez, argued they should not face a joint trial on conspiracy charges involving bribery, honest services fraud, extortion and having a public official act as a foreign agent.

Nadine Menendez’s attorneys at Schertler Onorato Mead & Sears argued that the couple faces an “irreconcilable conflict between husband and wife with respect to the admissibility of confidential marital communications.”