Here's my coverage of the Cienfuegos news yesterday, including excerpts from court docs where prosecutors say the US "determined that sensitive and important foreign policy considerations outweigh the government’s interest in pursuing the prosecution…"
To recap: The US spent years secretly investigating a top Mexican general known as "The Godfather," made a surprise arrest that they didn't even tell AMLO about, then, a month later, handed him back to Mexico on assurances he would be prosecuted there. Completely unprecedented.
The real question on everyone's minds: Will today's Cienfuegos hearing be delayed again by problems w/ reporters who have dialed-in and don't know how to use mute?
There's already lots of background noise on the call, so the odds seem high…
The acting U.S. Attorney for the Eastern District of New York, Seth DuCharme, has been directed by the judge to appear at today's hearing to explain what happened with Cienfuegos…
The hearing hasn't started yet but attorneys for Cienfuegos can be heard on the audio feed making plans for his release today, talking about collecting his property from the jail, documents he'll have to sign.
Status of the Cienfuegos hearing from the spokesperson for the US Attorney's Office…
"All participants are now in listen-only mode."
So that solves the background noise issue, but seems it may have also muted the people in the courtroom.
Total silence now on the line for the Cienfuegos hearing…
Ok, technical issues resolved — proceeding is starting.
Judge Carol Bagley Amon is presiding.
Ed Sapone is representing Cienfuegos.
U.S. Attorney Seth DuCharme, Allen Lee Bode and for the government.
US Attorney DuCharme: “The office stands behind the case, there's no concern I have w/ the case.…”
"…pursuing this prosecution is against the interest of the US in foreign relations, in particular the US relationship w/ Mx and cooperative LE efforts that touch upon the case"
US Attorney DuCharme continued: "The US determined the broader interest in maintaining that relationship [with Mexico] in a cooperative way outweighs the Department's interests in pursuing this case."
Judge asks: "This application is being made at the highest level of the Justice Department, this decision was made by the Attorney General of the US?"
U.S. Attorney says that's correct, AG Barr made the call to drop charges against Cienfuegos…
Judge has questions for Cienfuegos, he's asked to stand and swear an oath to tell the truth.
Judge asks about "removal agreement" that will send him back to Mexico, whether he consents to it.
Asked whether he understands and agrees, Cienfuegos replies, "Si señora."
After a belated swearing-in, Cienfuegos agrees to waive his rights and be returned to Mexico in the custody of the U.S. Marshals Service.
Judge asks if he has "fear of persecution" in Mexico. Cienfuegos says no.
Judge agrees to dismiss the charges, hearing over.
Gen. Salvador Cienfuegos Zepeda is officially a free man who will be promptly returned to Mexico.
Here's an unofficial transcript of the full statement given today by the judge explaining why she allowed the Justice Department to drop the charges against Cienfuegos…
Judge references "the old adage, a bird in hand…"
That would be, "a bird in hand is worth two in the bush."
In other words, judge is skeptical that whatever the US gets from Mexico in exchange for letting Cienfuegos go might not be worth the trade-off in the long run.
Judge noted that she has limited authority to block the government from dropping the charges, even if she had wanted to that. It's hard to make the government prosecute somebody it doesn't want to prosecute.
Here's the official court-issued summary of today's proceedings, and the judge's signed order to dismiss the charges against Cienfuegos.
And here's the order, signed by Cienfuegos himself, where he agrees to "voluntarily depart the United States to Mexico."
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“I expect there to be a fall guy somewhere in the chain that was involved with this. It will be somebody who had no influence and no involvement. It will be someone who makes all the higher-ups feel better.”
The documents are still under seal, but court docket entires that are now public show federal prosecutors have already moved to drop all charges against Salvador Cienfuegos Zepeda @VICENews
Mexico's ex-top military general charged w/ narco-corruption is due back in court tomorrow in Brooklyn.
Judge Carol Bagley Amon is skeptical of prosecutors asking to keep parts of case under seal, directs acting US Attorney to come explain…
Many high-level Mexican drug cases have been shrouded in secrecy in US federal courts. Tons of stuff in El Chapo's case was kept under seal. So it's interesting to see Judge Bagley Amon pushing back on gov't efforts at secrecy very early w/ Cienfuegos.
No indication what prosecutors are seeking to keep under seal w/ Cienfuegos. The judge's order refers to docket entries 20 and 21, which aren't listed publicly on pacer…
Good morning and welcome to the Genaro Garcia Luna show.
Today's hearing before Judge Cogan starts in about 15 minutes. Will be tweeting live updates to this thread, stay tuned here for updates as things get underway.…
Already problems — lots of people on this conference call, including someone who has a Spanish-language news broadcast blasting. Court interpreter saying she can't hear anything over the background noise. Some people have not figured out how to "mute" yet during the pandemic.