Thread by @innercitypress

OK - Halloween terror (West Side highway van) defendant Sayfullo Saipov hearing now before SDNY Judge Broderick, on motion to suppress: innercitypress.com/sdny1saipov111… Inner City Press will be live tweeting thread

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Vernon S. Broderick starts by asks about Rule 15 / jury selection timing, so he'll know where he'll be if issues arise. During bond hearing on accused #NorthKorea sanctions violator Virgil Griffith, he said he's headed to Nevis innercitypress.com/sdny3nkgriffit…

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Saipov's Federal Defender David E. Patton is complaining about what victims' families members are being told about the death penalty process.
Judge Broderick: What this filed on the docket? I don't believe it was.
Patton: Filed under seal.

#transparency?

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: Does the government have any preliminary issues? No? Okay then, your first witness. You may proceed.
A Special Agent is called. She comes into Courtroom 110 from out in the hall. She cites Joint Terrorism Taskforce.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: Directing your attention to October 31, 2017 - did you become aware of an incident in Tribeca?
Agent: Yes. I was assigned to go to Bellevue Hospital to do an interview. I got there at 5 pm.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Agent: My interview started at approx 11:48 pm. The defendant had been sedated.
AUSA: Did you talk to any hospital personnel?
Agent: The doctor said the defendant was "critical but not likely" and that he would be cleared for law enforcement.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Agent: I began by introducing myself. The defendant acknowledged who we were and asked for a blanket....Then we began without advising him of his rights - we're allowed when concerned for public safety.
AUSA: Did you do this before?
Agent: Yes, in 2015.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept [Inner City Press programming note: here is/was DOJ guidance for such "Quarles" interviews: justice.gov/sites/default/…

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: Later did you ask the defendant to sign this Miranda form?
Agent: No. There was no space on the form to sign.
AUSA: Looking at Government Exhibit 1, did you read the defendant these questions? And why did you put a "Y" on the form?
Agent: He answered Yes.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: How long did the interview take?
Agent: 8 1/2 hours.
AUSA: Did you take breaks? Why?
Agent: So the defendant could pray. We let him pray.
AUSA: Did he ask for anything?
Agent: He asked for water. He was talkative, alert, very calm.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: When you say he was alert, what do you mean?
Agent: He was lucid.
AUSA shows the defense a piece of paper, then walks it up to Witness-Agent.
Agent: This is the consent to search form.
It's admitted as Government Exhibit 2.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: What did he consent to search?
Agent: His Telegram account, his Google account and his YouTube account.
AUSA: Why are his cell phones not listed?
Agent: It was an oversight...
AUSA: What is this?
Agent: Waiver of speedy presentment.
Admitted as exhibit.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: How did you get the Telegram password?
Agent: He gave it to me. Also for "brightautollp [at] Google dot com. He gave me what password too. And for YouTube.
Judge Broderick: Were the passwords the same?
Agent: No, the first one is different.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: Your Honor, we'll redact out the passwords.
Judge Broderick: I ask for the parties to meet and confer about that, about redactions.
AUSA: When did you read this to him?
Agent: After 5 am. He asked me to read it again, slower with more detail.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: In this text message to your supervisor, what did you ask?
Agent: I asked, can we get an interpreter here?
AUSA: And what did he say?
Agent: "Roger."
AUSA: What was the defendant speaking?
Agent: The language spoken in Uzbekistan.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: When you told your supervisor you were "killing it," what did you mean?

Agent: That the defendant was cooperating and we were getting some good information.

#KillingIt

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Now cross-examination of FBI agent.
Federal Defender (FD) asks, Is it fair to say the FBI dispatched teams all over the country, to everywhere the defendant has lived?
Agent: I don't know where they were sent.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You had your weapon and FBI-issued smart phone with you when you drove your FBI vehicle to Bellevue Hospital, right?
Agent: I didn't drive.
FD: You were driven.
Agent: Yes.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You what Miranda is, right?
Agent: Yes.
FD: You know what Quarles is, right?
Agent: Right.
[Again, on NY v Quarles, 1984 case, 2014 DOJ memo: justice.gov/sites/default/…

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You know the FBI uses video cameras to video tape interrogations, right?
Agent: Yes.
FD: And in 2014 you were encouraged to video tape interviews?
Agent: Yes, there is a presumption.
FD: Have you done interviews in 26 Federal Plaza?
Agent: Yes.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: Let me ask you about Form 302. You know they are official records of the FBI, and not your personal notes, right?
Agent: Right.
FD: And they get turned over to defense attorneys, right?
Agent: Yes.
FD: They should be accurate, right?
Agent: They are a summary

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: If the doctor had not given his OK, would you have done the interview?
Agent: We wanted to get the doctor's OK.
FD: So you had a small notebook of lined paper that you wrote on?
Agent: Yes

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: Did you know at the time you did the interview that Mr. Saipov had previously been captured on government electronic surveillance?

AUSA: Objection! We've briefed that, at docket 212, saying we don't intend to use any information from electronic surveillance

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: What was the pending question?
It's re-asked.
Agent: I was not aware.

FD: How many breaks did you take?
Agent: I can't recall.
FD: Would it refresh your recollection to review notes?
[Saipov indicates he has problem with interpretation; fixed]

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: Did you know Mr. Saipov was still being medicated?
Agent: Yes.
FD: Did you ask?
Agent: No, I did not ask.
FD: During the interview in the hospital room, were the blinds closed?
Agent: Let me think about it.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You had your service weapon with you?
Agent: Yes.
FD: And Mr. Saipov was lying down on a hospital bed, with a tube in his arm and wires connecting his chest to an apparatus?
Agent: I can't recall.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: Did you ever see them give him water?
Agent: When the nurse would come in, I would step out... [Pause] The medical staff came in and addressed his water needs.
FD: During the 9 hours, did you give him water?
Agent: I did not.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: So the content of your pre-Miranda Quarles interview are on page one of you 302, right? 3501-01, in evidence.
Agent: I didn't write everything down.
FD: You typed it up the next day, correct?
Agent: Correct.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD has 20-30 minutes more of cross examination questions for the FBI agent, who will be followed by a detective.
Judge Broderick declares lunch break. He better hurry up - at 3:30 he is sentencing ex-Congressman's kid Cameron Collins...
Thread(s) will continue

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick is back, having finished "another criminal matter." Cross examination of FBI agent continues.
Federal Defender (FD) - There was no video of your reading Mr. Saipov his Miranda rights, correct?
Agent: Correct.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You didn't have an FBI advice of rights form?
Agent: We went to the hospital on an emergency basis.
FD: But in all those hours, you didn't ask anyone else to bring one?
Agent: You are correct.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: So you got texted, "Waiver done?"
Agent: Yes.
FD: You responded to that, "Hell yeah"
Agent: Correct.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick, to FBI Agent: Before you became a member of the Joint Terrorism Task Force, did you receive any special training to join the JTTF?
Agent: No.
Judge Broderick: Did anyone ever ask you to stop the questioning?
Agent: No.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Judge Broderick: Was your gun visible on that day?
Agent: I don't recall.
Judge Broderick: Fair to say, you never drew your weapon?
Agent: That's right.
(More) re-direct.
AUSA: You said there was a linguist present, right?
Agent: Right.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept AUSA: You were asked some questions on cross examination about a text message you sent that you got consent. Was that written consent, or verbal?
Agent: Verbal consent.
AUSA: Nothing further.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Next government witness: JTTF Detective Richard Paugh.
AUSA: Did you interview Mr. Saipov?
Paugh: Yes.
AUSA: Can you identify him and a piece of clothing?
Paugh: Over there, in a white skull cap.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept Now after Detective Paugh essentially repeated the other FBI agent's testimony, there is a whispered sidebar, with court reporter. But when will transcript be available?

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: On October 31, you saw on the white board that Mr. Saipov was responsible, and you knew his name?
Paugh: I did.
FD: Because he was an associate of a person you have been investigating?
AUSA objects, and Judge Broderick sustains. FD continues.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept FD: You wanted to know if the person you were investigating had advance knowledge of Mr. Saipov's plans?
Paugh: Not initially.
FD: And it's because of that other investigation that you were chosen to go to Bellevue?
Paugh: That's my understanding.

@MatthewLeeICP @sdnylive @FUNCA_info @nycsouthpaw @BobbyChesney @jaketapper @itvnews @theintercept US v. Saipov suppression hearing will continue tomorrow (!) It's 3:30 pm, supposedly time for the sentencing for insider trading by Judge Broderick of ex Congressman's son, Cameron Collins (on which we'll do a separate thread, radio here wben.radio.com/media/audio-ch…