I'm now one of the 67 (and counting) people listening in on a teleconference line to the proceedings in Brooklyn - which are scheduled to begin momentarily
And just FYI - it's been 30 minutes - and nothing has happened yet.
And this may be why it's taking so long for U.S. District Court Judge Ann Donnelly to begin these proceedings. Apparently, she has been giving instructions to the jury hearing R. Kelly's sex trafficking trial chicago.suntimes.com/2021/9/24/2269…
Court is in session ... Meng is present and says hello to judge
Meng Wanzhou is sworn in and consents to appearing by video conference. Swears she'll give the truth, whole truth and nothing but the truth.
Judge recites charges facing Meng Wanzhou: Conspiracy to commit bank fraud … bank fraud … conspiracy to commit wire fraud … wire fraud
Meng pleads not guilty to the charges
Again that was "not guilty"
But now - US prosecutor David Kessler says government has reached a deferred prosecution agreement with Meng Wanzhou
A copy of the agreement has been provided to the court. Signed by all parties
So this is breaking - Meng Wanzhou and US reach deferred prosecution agreement ... details now to follow
It will last from four years from the date of her arrest on Dec. 1, 2018. Ends Dec. 1 2022.
The DPA says if Meng Wanzhou complies with her obligations, the government will dismiss the charges against her
If Ms. Meng does not comply - she can still be prosecuted ... and remember length of DPA is four years from her arrival at YVR - ending Dec. 1, 2022
Meng Wanzhou agrees to a statement of facts (which we do not have in front of us) that are part of the deferred prosecution agreement. They could be used against her if she does not comply with terms of DPA
Meng Wanzhou agrees that her entry into agreement is being made knowingly and voluntarily
Meng Wanzhou agrees that she won't make any statement contradicting the statement of facts or state, suggest or imply in any way that entry into agreement was involuntary, unknowing or coerced
The prosecution is recommending that Meng Wanzhou be released on a personal recognizance bond - deets to come
As a result of all this - the DOJ will notify the Minister of Justice in Canada that it is withdrawing its request for her extradition
Judge asks Meng Wanzhou if the entire statement of facts in the DPA has been translated into Mandarin for her: "Yes."
Judge asks Meng Wanzhou if she's read the entire statement of facts in Mandarin: "Yes"
Meng Wanzhou confirms that everything in the statement of facts she signed as part this deferred prosecution agreement is true
Again - we do not know the terms of the DPA ... it could involve a fine ... and most certainly involves certain admissions which are contained in that statement of facts attached to the deal which lasts until Dec. 1, 2022
Meng Wanzhou confirms that nobody forced or threatened her to enter into this deal
Meng Wanzhou confirms that she has not taken any medication or illegal substance that's "going to affect my judgment"
Prosecutor says there is an agreement to release on personal recognizance bond subject to certain conditions.
And now - we learn that Meng Wanzhou will appear in B.C. Supreme Court this afternoon at 2 for the next step in this process ...
Judge Ann Donnelly says "I think we're done" ... and that's it for part 1 of today's Meng Wanzhou developments ... much more to come
Judge accepts the deal, thanks everyone and Meng Wanzhou thanks her

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More from @proctor_jason

24 Sep
Breaking news on the #MengWanzhou front today with an expected guilty plea in a Brooklyn courtroom at 10 a.m. PT ... after that - all eyes will look to Vancouver to see if the extradition request is dropped in court here
And so what we will be looking for once a plea is entered is the scheduling of a court appearance here at B.C. Supreme ASAP ... you can follow all the events as they unfold with us here at CBC
Worth bearing in mind that according to testimony at a previous #MengWanzhou hearing - she had a Boeing 777 lined up to fly her back to China in May 2020 - the last time she thought she had a shot at going home
Read 5 tweets
4 Aug
Back after a break now - and #MengWanzhou lawyer Mona Duckett is continuing her submissions with comparisons to other cases ... again - they're trying to convince the judge the US has lied to the court about key facts in the case
She's citing a 2003 B.C. Supreme Court case where a judge stayed proceedings when the United Kingdom sought a Victoria man for extradition in relation to an alleged conspiracy involving the sale of rare coins.
The man's defence lawyers determined that one of the chief witnesses had absconded, another had died, and prosecutors didn't actually know if another was available.
In granting a stay, the judge said it would be "unsafe" to rely on the record of the case.
Read 4 tweets
4 Aug
This is it! The final two and a half weeks of #MengWanzhou extradition proceedings begin today ... here's a look at what you can expect cbc.ca/news/canada/br…
And I will be dialling into the proceedings - which are set to kick off at 10 am PT ... we should begin with arguments on allegations the US misled Canada about the facts of the case ... but remember - this isn't a trial ...
Court now called to order!
Read 10 tweets
29 Mar
Back now for the start of the fourth branch of #MengWanzhou abuse arguments. This one is about international jurisdiction!! Here's a previous story summarizing their claim cbc.ca/news/canada/br…
The first lawyer up is going to be Gib van Ert - a new face on the #MengWanzhou defence team. He's an expert on international law. William Smart will also be making submissions ...
van Ert says what happened in this case is no business of the US. It's the business of China ... and as such US is violating international law ...
Read 5 tweets
25 Mar
Today's #MengWanzhou court hearing about to begin. Crown could wrap by the end of day. Here's yesterday's story: cbc.ca/news/canada/br…
Curious to know what my colleagues @ianjamesyoung70 and @amysmart1 make of the judge's frequent questions. She seemed to make clear she's considering wrongdoing on behalf of RCMP and CBSA - even without guiding FBI conspiracy
Crown lawyer Diba Majzub says he's going to use his time to review law around seizing of phones and passcodes ... he says the purpose of getting phones was admissibility (which is legal)
Read 13 tweets
24 Mar
Crown about to resume arguments at #MengWanzhou extradition proceedings ... here is a recap of yesterday's events: cbc.ca/news/canada/br…
Crown lawyer Diba Majzub begins by telling judge that CBSA acted reasonably in deciding to examine #MengWanzhou before the RCMP arrested her ...
Majzub says the Crown's argument "in a nutshell" is that there wasn't a "battle for immediacy" between RCMP and CBSA on #MengWanzhou arrival - but that RCMP acted reasonably in letting CBSA go first - not to carry out a covert plot for which there is no evidence
Read 6 tweets

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