Thread by @innercitypress

OK - now proceeding in USA v. Lev Parnas et al, 19-cr-725, @SDNYLIVE in ceremonial courtroom 110, amid #Ukraine-related impeachment moves in DC, innercitypress.com/sdny5correiafr… Inner City Press will live tweet, here's thread

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken says attendance by Fruman has been waived. Judge wants an update on government's production for discovery from AUSA Zolkind (who also worked on prosecution of UN bribers Ng Lap Seng and Patrick Ho).

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: I have well over nine gigabyte of data... The next category consists of warrants, on email accounts and iCloud accounts and physical premises and electronic devices, some seized during arrest and some at premises. Do you want to hear more?
Judge: Yes

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: three iPhone, one thumb drive... one SIM card, one Sat phone, one iPad, three SD cards...

[this is like a Christmas carol - except for a partridge in a pear tree]

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: We show each defendant his email account after we obtain it. The relevant documents, we show to all defendants. That's a process that will continue as we get access to additional accounts and devices. There's additional stuff that is coming

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: There have been issues raised by the defendants about privilege. We have a taint team reviewing before the prosecutors.

As to the devices, often time they are encrypted. The FBI's technical experts are working overtime.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: I'll hear from the defense. Looks like you got a bunch of stuff on November 21. Are we in position to set a date for motions? Or if not, conference to set a date.
Fruman's lawyer: I was never asked to provide a password. I am concerned at the delay

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Fruman's lawyer: I wanted a trial by summer. That may be unrealistic given what's been said today. I still want to set a trial date today.
Judge Oetken: It's going to be 60 days before you get the relevant material. We're not in a position to set a motion schedule

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Correia's lawyer Harrington: In the normal course there would be a sooner trial date and government would have to tell us who their witnesses are and what they'd say.
Judge Oetken: Would you like to set a trial date for the Fall?
Harrington: Hard to set for now

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Andrey Kukushkin's lawyer Lefcourt: Today is the first day of new Federal rule of discovery 16... We gave them a terabyte hard drive; they gave us 70,000 Bates stamps. 26 blanked out pages on one warrant. We still don't know when that's coming

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Lefcourt: Rule 16.1 contemplates a better process. Have the government provide a draft exhibit list. Also to consider 3500 material earlier than possible. 16.1 talks about getting defendants ready for trial. We have to wait for another conference.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: The government would object to putting together an exhibit list at this point. They've gotten search warrants and affidavits, we can direct them to particular bank records. So far we haven't been asked.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: With respect to the redactions to the warrants, there's an order for that, based on an ex parte presentation. If they want things faster, they can give us the passwords.
Judge Oetken: Have you asked?
Zolkind: We're happy to have that discussion.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: There is an ongoing investigation, so producing witness statements before normally might jeopardize that. As to 3500 material, we prefer a "reasonable period of time before trial."

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: What's a reasonable time for a conference?
Zolkind: Why not a schedule for motions now?
Judge Oetken (to the defense lawyers) - if you have a motion about the indictment, why not schedule it now?

A request is made for the Grand Jury exhibits.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: Why can't you give them the exhibits and transcripts of the Grand Jury?

AUSA Zolkind: The transcripts are confidential. I'm resisting that we have to put together an index of exhibits. I'm not aware of that ever being required of the government.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: I've have you come back in around two months and say where you are, at that point set a motion schedule, maybe a trial date. Do you expect to supersede?

AUSA Zolkind: Our investigation is ongoing and a superseding indictment is likely.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: So let's make it Feb 3 at 2 pm, I'm not sure what courtroom it will be in, I'll put it on ECF.

Now issue of House subpoena to Parnas. AUSA Zolkind says the protective order might limit Parnas' ability to provide info to Congress

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: If Parnas gives us the password, we'll give him the extraction. Then he'd have to ask court permission to provide any of it to Congress.
Q: Why don't the prosecutors give it to the House?
Judge Oetken: Do you want to address the paper records issue?

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: We are well on the way to scanning in the material. We are not going to object to his application to the court to provide the information to the House.
Judge Oetken: OK, you're a separate branch of government. But there's no process to share?

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: It certainly seems there is a public interest in providing that information to the House... I certainly expect to promptly grant such a request. I hope the government produces those material as soon as possible.
AUSA Zolkind: Yes...

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Now discussion turns to Parnas' risk of flight, reference to private jets and oligarch in Vienna who is fighting extradition.
AUSA Zolkind: home detention with electronic monitoring is important to the government, so he doesn't get on a boat or seek a passport

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken says he wants to hear the pre-trial services' opinion.
Lefcourt: They said no Title III - but is there any wiretap by another agency? I've asked under 18 USC 3504, since Count 1 relates to Ukraine, and Court 4 with Russia.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Lefcourt: I've watched those hearings... National Security officials said they have been involved in aspect of this case. So I am asking the court to ask the government to respond under 3504. This is the time, to disclose surveillance without authorization

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote Judge Oetken: This is not a statute I've dealt with before, so I'll take a look at it.
AUSA Zolkind: We told them, the government does not intend to use information obtained or derived under FISA. We cannot comment on if there existed a FISA intercept.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: My understanding is that 3504 only applies to a proceeding in which we are offering evidence - that is, it does not apply today. So it's premature.
Judge Oetken: Mr. Lefcourt, do you have any authority on this?
Lefcourt: I will submit a letter.

@sdnylive @MatthewLeeICP @awprokop @sandibachom @dsamuelsohn @kylegriffin1 @yashar @starsandstripes @MuellerSheWrote AUSA Zolkind: We told them we are aware of our obligations under Brady and Giglio [he says the second G]. "At this point we don't anticipate filing a CIPA motion."
Judge Oetken: I'll look at any letters. See you on February 3. [InnerCityPress.com story soon]