Huge turn out in UN Press Briefing Room for outgoing USG @Alison_Smale's spin of Utah conference. Inner City Press, banned by Smale et al for 415 days, has asked in writing about the costs innercitypress.com/undgc1smalelas…
OK - now at presentment in USA v. Zhan Petrosyants, good friend of ex-Mayor Eric Adams, last seen dodging a GEICO subpoena, now arrested for auto insurance fraud. His retained lawyer has been here in the SDNY Mag court waiting for the pre-trial services report 1/x
Waiting here for past hour with Petrosyants defense lawyer schmoozing, saying he'll need a New Jersey lawyer (presumably to secure the bond), commenting on a case wheeled out from grand jury - finally now pre-trial services report arrives
Woman who's been waiting here in the courtroom is now told to go to 26 Federal Plaza and "pick up his luggage" - hmm. She will not be bringing the luggage back to the courthouse, but is told (by lawyer) to "call an Uber for your husband." Waiting for judge
OK - now US v Maduro, hearing on whether Venezuela can pay his lawyer Barry Pollock. Inner City Press is covering the case and will live tweet, thread below matthewrussellleeicp.substack.com/p/extra-maduro…
11:42 am
All rise!
Barry Pollack: Your Honor, in Luis versus US the Supreme Court said that defendants have a right to counsel of choice, and to use untainted funds. Also, funds of a third party. Here, the Government has not contested these 2's property interest
Judge Hellerstein: The point in Luis was UNtainted funds. The similarity here is that... the sanctions are equivalent to the taint. Sanctions on Venezuela from paying out. That's a difference, isn't it?
Pollack: That is not outcome determinative under Luis
OK - now in Taibbi v. Higgins, oral argument on motion to dismiss. Defense lawyer Elizabeth McNamara: They must show the defendants knew or should have known what they reported was false. They can't. Inner City Press, banned from UN, will live tweet, thread below
McNamara: This comes down to a political fight.
Judge Daniels: The definition of "bought" is that someone has paid someone for something. And owned means not making independent judgments but based on the compensation they receive
McNamara: That's one definition
Judge Daniels: It's right on the cover. In what way was he bought?
McNamara: He highlighted 1st the Hunter Biden situation. Bought means being a sell-out, classic opinion. The flaw in their case is this is an implication of the cover. There's no implication count
All rise!
Judge Subramanian: We'll address later the proposed exclusion of some of Doctor Hill expert opinion, those that remain after the DOJ settlement. Jurors 9 and 12 are excused based on financial hardship - the Court was unable to solve it, they are excused
Judge Subramanian: I need five minutes, I've forgotten my notes on the objections.
States' Kessler: We will finish our evidence and finish our case next Wednesday [!]
[Before jury brought it]
Live Nation's Moskowitz: We do not want the jury to see Mr. Rapino's compensation. It's prejudicial.
States' Kessler: I am entitled to show how important this is to him, personally.
Moskowitz: The amount is not relevant to the bias.
Live Nation's Moskowitz: As long as we black out his compensation, we can live with that.
Judge Subramanian: Mischief managed. Mr. Hernandez?
All rise!
Live Nation's Bob Roux still on the stand.
LN's lawyer: Plaintiffs asked you about your comments about the Red Mountain acquisition - what were you saying about competition 10 years ago in Alabama?
Roux: I'd have to look at it (laughs)
Live Nation's lawyer: How would you characterize Mr. Capshaw's experience?
Roux: Very experienced manager, including for Chris Stapleton.
LN's lawyer: You told Mr. Capshaw you were going to withheld artists from Red Mountain?
Roux: Artists-
Objection!
Rephrase