The final pre-trial conference for Lev Parnas and accused co-conspirator Andrey Kukushkin is about to begin.
Igor Fruman and David Correia previously pleaded guilty.
Covering the hearing, for @LawCrimeNews.
Igor Fruman and David Correia previously pleaded guilty.
Covering the hearing, for @LawCrimeNews.
The lawyers are introducing themselves.
U.S. District Judge J. Paul Oetken notes that trial is set for one *week* from today.
U.S. District Judge J. Paul Oetken notes that trial is set for one *week* from today.
Judge Oetken pivots to the arraignment on the third superseding indictment.
The prosecutor said it is "substantively the same" as the prior one, with the "speaking allegations" removed.
Parnas pleads not guilty.
So does Kukushkin.
The prosecutor said it is "substantively the same" as the prior one, with the "speaking allegations" removed.
Parnas pleads not guilty.
So does Kukushkin.
Assistant U.S. Attorney Nicolas Roos says the government never extended any "written" plea offer to Parnas.
"No offer was actually extended," Roos said, adding there were "ongoing discussions" for around "nine months are so."
They were "ongoing," but now "ended," he said.
"No offer was actually extended," Roos said, adding there were "ongoing discussions" for around "nine months are so."
They were "ongoing," but now "ended," he said.
Roos adds that there were "discussions of a plea being viable that would not involve all of the counts," though not one that went up the DOJ chain.
"These were tentative discussions amongst attorneys," the prosecutor said.
"These were tentative discussions amongst attorneys," the prosecutor said.
Parnas's lawyer Joseph Bondy said that prosecutors wanted his client to "eat every count," essentially plead guilty to all of the charges of the first superseding indictment.
Both Parnas and Kukushkin personally confirm to the judge that they choose to go to trial.
Kukushin's lawyer Gerald Lefcourt says the government's exhibits include photographs of well-known figures.
"They have pictures of Giuliani and Trump, people like that," Lefcourt said.
He says jurors might need to be asked about whether they have strong feelings about them.
"They have pictures of Giuliani and Trump, people like that," Lefcourt said.
He says jurors might need to be asked about whether they have strong feelings about them.
Lefcourt says that he suggested asking about them in a questionnaire because these are "polariz[ing]" figures.
"They all should be queried about these figures," he added.
Joseph Bondy agrees, adding there's also "this element that involves the marijuana laws."
"They all should be queried about these figures," he added.
Joseph Bondy agrees, adding there's also "this element that involves the marijuana laws."
Bondy suggests scheduling opening statements on Thursday, given the potential for jury prejudice.
Judge Oetken appears skeptical and says he's hopeful they will have a jury on Wednesday.
Judge Oetken appears skeptical and says he's hopeful they will have a jury on Wednesday.
The prosecutor said that names like Giuliani and Trump will come up "peripherally," in Parnas and Fruman's boast about their connections to them.
Bondy disagrees, stating that the government's first witness will be America First Action director Joseph Ahearn.
Bondy disagrees, stating that the government's first witness will be America First Action director Joseph Ahearn.
Judge Oetken says that defendants are not allowed to argue or planning to argue in favor of jury nullification.
Bondy does plan to disclose more about Parnas's immigrant background. He said that the government declined to stipulate on aspects of his biography.
Bondy does plan to disclose more about Parnas's immigrant background. He said that the government declined to stipulate on aspects of his biography.
Bondy: "I sought these things to present the person to the court."
"It's not the greatest issue to us," he said, adding that he thought it was relevant and important.
"It's not the greatest issue to us," he said, adding that he thought it was relevant and important.
Part of the strategy behind this, Bondy says, is juxtaposing Parnas's knowledge of federal election law with that of experts.
Bondy noted that Parnas was lampooned on SNL as someone with a Russian accent, and he knows his client as a guy from Brooklyn.
AUSA Scotten added that if Bondy's arguing that Parnas isn't savvy about campaign finance law because his client only has a GED, feds will argue that Parnas got that degree at 18 to trade penny stocks.
"He's something of a genius serial fraudster," Scotten alleged.
"He's something of a genius serial fraudster," Scotten alleged.
The parties are arguing a limine motion by the government to limit examination of two witnesses: Adam Laxalt and Felix Vulis.
Judge Oetken argues in favor of the government.
The judge describes what he calls a possible conundrum in the case: essentially, in-fighting between the remaining co-defendants.
Specifically: Kukushkin may want to impeach Parnas.
Specifically: Kukushkin may want to impeach Parnas.
As I continue covering the proceedings live in this thread, you can catch up on the story and the case's background in this write-up of the hearing up until this point.
https://twitter.com/lawcrimenews/status/1445478455588503557?s=20
Bondy wants to revisit the topic of possibly severing the Parnas and Kukushkin's cases.
He argues that allowing Kukushkin's defense counsel to attack Parnas during trial essentially gives his client a "second prosecutor."
He argues that allowing Kukushkin's defense counsel to attack Parnas during trial essentially gives his client a "second prosecutor."
To be clear, Judge Oetken appears skeptical that Kukushkin's proffered impeachment of Parnas is a relevant defense at all. That would be the basis for revisiting severance, which is even more unlikely.
After nearly 2.5 hours, the final pre-trial hearing has adjourned. Trial begins with jury selection a week from today.
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