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20 Oct, 4 tweets, 1 min read
HAPPENING NOW: 2 New York attorneys, Colinford Mattis and Urooj Rahman, seeking to plead guilty to firebombing (empty) NYPD cruiser during racial justice protests last May. Offering plea to 1 felony count, 10 year max, can appeal if sentenced to more than 5 years
OK here’s the crux. Prosecutors believe terrorism enhancement in sentencing guidelines applies, pushing guidelines to 10 years. Defense disagrees, preserve right to appeal if sent >5 years. Judge Brian Cogan: ‘Obviously, the terrorism enhancement is going to be a big issue.'
Judge Cogan: 'I have no idea where I’m coming out on that at this point.'
Rahman: ‘My actions occured on a night of civil protests in Brooklyn following the murder of George Floyd. I deeply regret my actions.’ Mattis: 'I deeply regret my conduct and wish I had made better choices that night.'

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More from @joshgerstein

Josh Gerstein Profile picture
20 Oct
BREAKING (if unsurprising): Giuliani associate Lev Parnas declines to take stand in own defense at trial on charges of straw/foreign campaign donations. Def atty Bondy: 'Mr. Parnas has, upon reflection and consultation with counsel and also his family, decided not to testify.'
Parnas thanks judge for extra time to think about testifying and consult w/his wife who is pregnant and out of town. Then says, ‘After speaking with my wife, my family and my attorneys, I have chosen not to testify.’ Judge intends to release jury for day. Closings tomorrow.
A bit more discussion of Daily Beast paywalling policies at Parnas trial out of earshot of jury. Defense lawyer says got statement from Beast which sounded equivocal to me. Judge says he can see stories on home page. Prosecution says evidence has closed. Judge agrees.
Read 7 tweets
Josh Gerstein Profile picture
14 Oct
Per FBI testimony: Fruman wrote on an Oct 3 2018 photo of him w/DeSantis: ‘Today, Florida became ours forever.’ Parnas wrote colleagues about same event: 'The president's attorney Rudy Giuliani will also be there and a few surprises.'
Agent Casola now explaining that donation list for the pot venture was at some point expanded to list donations that don’t appear to ever have been made, like one to Cuomo
Jurors have also now seen photo of Fruman w/Ivanka Trump & Jared Kushner
Read 5 tweets
Josh Gerstein Profile picture
13 Oct
HAPPENING NOW: Trial set to get underway in NYC for Giuliani associate Lev Parnas on charges of political donations to US campaigns w/Russian businessman’s money. At moment, judge and lawyers attend to one juror who says he will have $$$ problems serving politi.co/3DGWnGD
Juror No. 11 excused. 3 alternates drops to 2…
Prosecutors have said they expect their case to last until the end of next week.
Read 6 tweets
Josh Gerstein Profile picture
12 Oct
#CapitolRiot defendant Brandon Fellows is on the stand now seeking release from pretrial detention. Compares himself to Jesus and says he plans no criticism of the government beyond that of Jesus calling the Pharisees ‘snakes'
He tried to call his own (ex-)lawyer as a witness, but Judge McFadden says no. Judge: 'The motion is denied.’ Says he’ll hear from Fellows, though. He says he thought her testimony would be worth more. Also, FWIW: 'I’m a tiny houser minimalist.'
I’m losing the thread but Fellows appears to claim a man who called himself a constitutional lawyer told him not to turn himself unless told there is a warrant. So he wrapped his phone in foil. ‘I...actually wrapped it in tinfoil because the man told me to wrap it in tinfoil.'
Read 8 tweets
Josh Gerstein Profile picture
6 Oct
Lawyer for Fugees member Pras Michel plans to ask a federal judge for permission to attend foreign dates on group’s upcoming tour. Includes Paris & London & maybe Nigeria & Ghana, too. Michel is defendant in federal campaign finance and foreign-agent criminal case...
Judge Colleen Kollar-Kotelly said next time might be a good idea to ask her for permission before the tour dates are announced. ‘One thing you might want to do is check in advance, before he makes commitments, in case it doesn’t get authorized,’ she said.
Next status conference in the case is set for Jan. 10, but there may be filings on the requested travel in the meantime. Typically, DC criminal defendants can travel domestically w/permission of probation office but need judge’s permission for international travel
Read 4 tweets
Josh Gerstein Profile picture
28 Sep
Guilty plea hearing for Kansas resident Jennifer Parks in #CapitolRiot almost went sideways this AM over a preface to the parading-in-the-Capitol charge most defendants are pleading to. Heading to that subsection says 'Violent entry and disorderly conduct.'
Parks, who sounded like she was sobbing at one point (we can only hear not see), asked to talk to her lawyer after clerk read that heading before asking her to finalize the guilty plea. After a few minutes, the attorney came back on the line and said it had been sorted out.
Defense atty Maria Jacob said there was no evidence of Parks being violent in the Capitol. Judge Carl Nichols said that had caused some other defendants concern and also pops up in the court’s computer system sometimes.
Read 4 tweets

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