HAPPENING NOW: Giuliani associates are seeking delay in their trial on campaign finance & fraud charges from October to next February. Wife of 1 defendant, Lev Parnas, is expecting in November.
Judge has carved out the most Giuliani-related portion of the case, though.
Prosecutor says 1-2 week trial and about a dozen witnesses
Judge Oetken says he’ll leave trial date as Oct. 4. But just because he wants it then, doesn’t mean it will happen. Big backup of trials in SDNY & jailed defendants take priority. Judge has to put in bid in mid-August and see if it flies.
Those looking for Giuliani dish will likely be disappointed though as prosecutor says the campaign finance case to be tried is distinct from info on Giuliani and Toensing devices
Parnas lawyer again asked for info from those devices though that might support theory he was targeted politically. Judge called that 'implausible,' noting that Parnas was a Trump supporter at the time.
But eventually judge said dismissively if there's email about that he wants it from prosecution. He said he be stunned if there was.

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More from @joshgerstein

14 Jul
#CapitolRiot defendant Brandon Fellows left voicemail for pretrial services supervision in which he said of her colleague: ‘I know [she] was just trying to do her job and so were the Nazis.’ And: ‘This is how you radicalize people, man.'
Also he explained he didn’t want to come to pretrial services office in Albany, NY because his car was in disrepair and he didn’t want to take bus because: ‘I like starting fights random people over masks.'
Also made comments to pretrial officials about hormones and sex drive and his genitalia. He also allegedly called mother of a pretrial services officer which scared mother & her. Sent officer screenshot of Google search of her. Fellows has said he has mild autism.
Read 17 tweets
1 Jun
Judge Mehta has rebuffed defendants' request to set a trial date now in Oathkeepers’ #capitolriot case, which keeps growing, standing at 16 defendants, with several others referenced but uncharged. Doc: bit.ly/3vFu1Je
Judge still talking about splitting trials into 2 or more if necessary because of impracticality of a trial that large. Of course, some defendants will likely plead out.
Carmen Hernandez, atty for deft Donovan Crowl: 'My concern is we’re at 16 defendants at this point and if the govenrment’s going to be be seuprseidng every two months, I don’t know where we end….’
Read 6 tweets
25 May
DOJ's moves on Trump obstruction not the only notable legal filings overnight politico.com/news/2021/05/2… Trump lawyer also filed motion to dismiss Rep. Swalwell's suit over Trump speech prior to #CapitolRiot. Doc: storage.courtlistener.com/recap/gov.usco… Some thoughts follow...
Trump is claiming absolute immunity (again), saying that his speech on 1/6 and his actions challenging the election were taken in his official capacity as president. Brief also takes obligatory shots at some standard Trump targets...
Says Maxine Waters is 'far more culpable' for her statements related to Chauvin/George Floyd, than anything Trump said. Brief also says Swalwell makes 'poor decisions,' and references alleged honeytrap/China episode.
Read 5 tweets
9 Apr
In court, #CapitolRiot arrestee Freddie Klein's defense attorney confirms POLITICO report that Klein was 'working the #FOIA desk' at State Department around time of the Jan. 6 assault. Earlier: politi.co/3eb9mXm
Klein's phone had 90GB of data on it, and prosecutors just got access to it this week because a taint team had to go through for possibly atty-client material.....
Govt struggling w/video at this hearing. I will predict that judge releases Klein w/conditions, probably GPS.
Read 10 tweets
28 Mar
NEW: Feds defend use of '68 anti-riot law critics say is racist. Justice Dept boasts of charging 80+ cases in response to last year's #BLM protests & #CapitolRiots Earlier: politico.com/news/2021/03/1… New doc: documentcloud.org/documents/2053…
Note: Unlike a similar filing in Oregon a couple weeks ago, this new one has sign-off of DOJ HQ's National Security Division. DOJ wouldn't say if it signed off on the earlier one.
The new Main-Justice-approved brief appears to omit the provocative claim that prosecutors' use of the statute, which has an interference-with-commerce provision, was appropriate because many #BLM demonstrations included paid protesters.
Read 4 tweets
26 Feb
Gina Bisignano, Beverly Hills nail salon owner and charged in #capitolriot was arrested in L.A. five weeks ago and still stuck in system. Currently, in Oklahoma, perhaps at Marshals Service transport hub there. Bail hearing underway now. Earlier: politi.co/3a1rnoJ
"She certainly drank the Trump Kool-aid," defense lawyer Charles Peruto said. Says his client didn't do anything more than shout into a bullhorn on 1/6. "In reality, this is nothing, but free speech."
Judge Carl Nichols, uses phrase I think bespeaking his generation, says defendant was right there as the crowd was 'wailing on' police. Prosecutor says she abetted man who broke window in Capitol: 'She has her hands on him. She’s touching him and directing him.'
Read 6 tweets

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