Starting a separate thread for the Parnas/Fruman hearing, which starts in roughly 30 minutes.
I'll be covering it live for @CourthouseNews.
I'll be covering it live for @CourthouseNews.
@CourthouseNews Attorneys and spectators are milling about the courtroom, with roughly five minutes until proceedings begin.
@CourthouseNews We appear to be delayed. The courtroom is quiet with the attorneys at their respective tables.
@CourthouseNews Meanwhile, wintry weather in NYC, with rather large snowflakes falling but not accumulating.
(Interrupt this legal live-feed for an amateur weather report.)
(Interrupt this legal live-feed for an amateur weather report.)
@CourthouseNews "All rise."
Judge Oetken is entering the courtroom.
The attorneys introduce themselves for the record.
Judge Oetken is entering the courtroom.
The attorneys introduce themselves for the record.
@CourthouseNews Oetken requests an update on discovery:
AUSA Douglas Zolkind describes discovery as "voluminous."
Nov. 21: It included a "substantial volume" of docs obtained by subpoena, phone records, bank records, internet providers like Google and Facebook, and proved by witnesses.
AUSA Douglas Zolkind describes discovery as "voluminous."
Nov. 21: It included a "substantial volume" of docs obtained by subpoena, phone records, bank records, internet providers like Google and Facebook, and proved by witnesses.
"I have well over 9 GB of data," Zolkind adds.
He moves onto evidence pursuant to the search warrants, on emails, iCloud, and physical premises.
He moves onto evidence pursuant to the search warrants, on emails, iCloud, and physical premises.
Zolkind: "Once a device is extracted, once we have it in our possession available to review," they will provide the evidence to the defendant associated with it.
"Certainly, there is additional stuff that's coming."
"Certainly, there is additional stuff that's coming."
Oetken asks the prosecutor if it's true there were no wiretaps involved in the case.
Zolkind replies that's correct.
(There weren't.)
Zolkind replies that's correct.
(There weren't.)
Zolkind estimates that the extraction of the devices and turning over for discovery should take 60 days.
Oetken notes that would be early February. That's not including other evidence not yet in prosecutors' possession.
Oetken notes that would be early February. That's not including other evidence not yet in prosecutors' possession.
Parnas' attorney Joseph Bondy says that they cannot set a motion schedule without the discovery.
Fruman's attorney Todd Blanche hits a similar point.
"I'm concerned about the time it's going to take," Blanche says. "I don't know what the court should do."
Fruman's attorney Todd Blanche hits a similar point.
"I'm concerned about the time it's going to take," Blanche says. "I don't know what the court should do."
"If it's not there, it's not there," Blanche continues, adding later. "I don't know why the delay of that long."
Blanche notes that the government continues to investigate grand jury subpoenas that are out there.
Blanche notes that the government continues to investigate grand jury subpoenas that are out there.
"I don't want to keep kicking the can down the road until we get a trial date," Blanche said, asking the judge to put pressure on the FBI and the government to speed matters up.
David Correia's attorney William Harrington calls it unnecessary to delay trial until the government unlocks various devices, as they don't know what's on them.
"They indicted the case prepared to go to trial based on the evidence they had, presumably," Harrington said.
"They indicted the case prepared to go to trial based on the evidence they had, presumably," Harrington said.
Andrey Kukushkin's attorney Gerald Lefcourt says there are "tens of thousands of bank records" and his team does not yet know that they are relevant.
Lefcourt requests a non-binding draft exhibit list.
Lefcourt requests a non-binding draft exhibit list.
Prosecutor Zolkind responds: The government would object to needing to put together an exhibit list now before a trial date is set.
He says they have received numerous search warrants, which previews the government's evidence.
He says they have received numerous search warrants, which previews the government's evidence.
Zolkind on the redacted pages:
There's a sealed ex-parte application, he notes.
The prosecutor says obliquely that the redacted material "do not relate to the charged case."
"The unredacted pages are a pretty detailed guide to the evidence in this case," he adds.
There's a sealed ex-parte application, he notes.
The prosecutor says obliquely that the redacted material "do not relate to the charged case."
"The unredacted pages are a pretty detailed guide to the evidence in this case," he adds.
Zolkind on the "unreasonable delay" claims by the defendants:
The prosecutor notes they were arrested in October, and we're now in December.
"That is not a significant passage of time," he says.
The prosecutor notes they were arrested in October, and we're now in December.
"That is not a significant passage of time," he says.
Zolkind says that knowing the passwords to unlock the devices would speed matters up substantially.
"There is an ongoing investigation," he notes.
Providing witness statement prematurely would "risk compromising" that investigation, he adds.
"There is an ongoing investigation," he notes.
Providing witness statement prematurely would "risk compromising" that investigation, he adds.
The prosecutor says that there's no reason to delay a motion schedule, as the defense requests.
The defendants can always supplement their motions based on what discovery turns up, Zolkind argues.
The defendants can always supplement their motions based on what discovery turns up, Zolkind argues.
Lefcourt on the evidence in discovery:
"Some of these things are going to be in foreign languages. I think we have Russian and maybe Ukrainian as well for some of this stuff."
"Some of these things are going to be in foreign languages. I think we have Russian and maybe Ukrainian as well for some of this stuff."
Zolkind: "Certainly the transcripts before the grand jury are secret and cannot be disclosed."
"We're not intending to hide the ball," Zolkind says, adding that the government will answer any request from the defense seeking guidance.
"We're not intending to hide the ball," Zolkind says, adding that the government will answer any request from the defense seeking guidance.
Judge Oetken tells the parties that he will call them back in about two months and encourages the defense to take up the government's offer for guidance on the evidence.
Zolkind: "We think a superseding indictment is likely, but no decision has been made, certainly."
Zolkind: "We think a superseding indictment is likely, but no decision has been made, certainly."
The prosecutor says he can't comment any more on that subject "here," presumably meaning in open court.
Judge Oetken proposes a Feb. 3 conference, which happens to be my birthday.
It will be that date at 2 p.m.
Happy birthday to me.
Judge Oetken proposes a Feb. 3 conference, which happens to be my birthday.
It will be that date at 2 p.m.
Happy birthday to me.
Parnas' attorney Joseph Brody mentions that he wants to comply with a House Intelligence Committee subpoena.
Prosecutor Zolkind notes those requests also would be subject to a protective order.
Prosecutor Zolkind notes those requests also would be subject to a protective order.
Zolkind says the government won't object to Parnas seeking the court's leave to amend that protective order to comply with congressional subpoenas.
Judge Oetken says it "certainly seems" that there would be a public interest in complying with a congressional subpoena.
"I certainly expect to grant that request," Oetken says, adding that he hopes prosecutors will turn it over ASAP.
"We will," Zolkind says.
"I certainly expect to grant that request," Oetken says, adding that he hopes prosecutors will turn it over ASAP.
"We will," Zolkind says.
Corrected tweet: Zolkind said that he will get the paper materials to Parnas' team right away, but the speed of turning over electronic materials depends upon Parnas turning over passwords for the devices, the prosecutor added.
Connecting the two threads here:
