I'm inside the courtroom now awaiting the hearing for Gen. Salvador Cienfuegos Zepeda and will be updating this thread live throughout the proceeding.
Here's our story from yesterday when news broke that US prosecutors were abruptly dropping the charges.
nytimes.com/2020/11/17/wor…
Here's our story from yesterday when news broke that US prosecutors were abruptly dropping the charges.
nytimes.com/2020/11/17/wor…
Today's hearing is unusual in that a federal judge, Carol Amon, has ordered the acting US attorney in Brooklyn to appear in court personally.
That prosecutor, Seth DuCharme, worked closely in Washington DC with AG William Barr before he took over the Brooklyn office.
That prosecutor, Seth DuCharme, worked closely in Washington DC with AG William Barr before he took over the Brooklyn office.
It's impossible to know what Judge Amon will ask DuCharme but one imagines it'll be a version of the question, "What happened?"
Yesterday DuCharme sent the judge a letter, at 1st under seal, saying case was dropped b/c of "sensitive & important foreign policy considerations."
Yesterday DuCharme sent the judge a letter, at 1st under seal, saying case was dropped b/c of "sensitive & important foreign policy considerations."
We're on in Brooklyn federal court.
Judge Amon is on the bench.
Gen. Cienfuegos, in a dark suit, has entered the courtroom from his holding cell.
Sitting w/him is his lawyer, Edward Sapone.
Judge Amon is on the bench.
Gen. Cienfuegos, in a dark suit, has entered the courtroom from his holding cell.
Sitting w/him is his lawyer, Edward Sapone.
DuCharme reiterates that the "office stands behind the case." He doesn't doubt strength of the case.
It was "the balancing of the interests" of the prosecution against the interests of "US relationship with Mexico" particularly where it comes to law enforcement.
It was "the balancing of the interests" of the prosecution against the interests of "US relationship with Mexico" particularly where it comes to law enforcement.
Amon asks if this decision was made "at the highest level of the Justice Department."
DuCharme agrees that it was made by AG Barr himself.
DuCharme agrees that it was made by AG Barr himself.
Sapone says Cienfuegos consents to the motion to dismiss the charges. (well, yeah...)
DuCharme, facing questions about sealing documents related to this process, says he has tried to be "sensitive" to the interests of Cienfuegos as well as the government.
Judge Amon seems to want everything unsealed--including what's known as "a removal agreement."
Judge Amon seems to want everything unsealed--including what's known as "a removal agreement."
Sapone confirms he has gone through the removal agreement w/Cienfuegos. Cienfuegos has agreed to it and signed it.
Judge Amon rules that the removal agreement will be unsealed after the hearing.
She is now asking Cienfuegos a few quick questions.
Does he understand the removal agreement? Yes.
He will be bound by it if she grants it. He understands.
She is now asking Cienfuegos a few quick questions.
Does he understand the removal agreement? Yes.
He will be bound by it if she grants it. He understands.
The agreement, she notes, states that Cienfuegos will leave the US expeditiously in the custody of the US Marshals.
Judge Amon asks if he agrees that he has no fear of persecution in Mexico. He does agree.
Judge Amon, granting the government's request, formally dismisses the indictment against Cienfuegos.
She notes the decision was made at the highest level of the DOJ in order to let Mexico investigate and uphold "the strong law enforcement partnership" b/t US and Mexico.
She notes the decision was made at the highest level of the DOJ in order to let Mexico investigate and uphold "the strong law enforcement partnership" b/t US and Mexico.
She notes there's no evidence of bad faith or any suspicion that Mexico will not in fact conduct an investigation.
Hearing adjourned. Out.
According to Gen. Cienfuegos' removal agreement, which was just unsealed, the US government agreed to drop the charges on Monday.
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