HAPPENING NOW: Discussion of possible trial date for former DNC outside counsel Michael Sussmann, charged with false statement to FBI by Special Counsel Durham. Judge says he understands deft’s desire to ‘get on with his life win, lose or draw.'
But judge cooper notes congestion of DC fed court trial calendar (1/6 stuff but he didn’t mention)… “Unfortunately, I don't have the authority sitting here just to issue a trial date…We are operating under a master trial calendar….I need to get clearance."
Cooper: 'I think where this is going [for trial] is mid-late-May, early June.' Notes again that Durham prosecutors already have Danchenko trial scheduled for April 18 in EDVA.
OOOH: Sussmann lawyer Berkowitz says special counsel (Durham or Mueller?) produced a memo questioning the credibility of James Baker, the central witness for prosecution. Defense wants it. Prosecution clearing it w/a non-DOJ agency
Cooper says he expects the chief judge’s halt of speedy trial clock due to pandemic to be extended further (now expires Dec. 15) due to #COVID19 numbers in DC. Hearing ends. We expect to get a trial date in a written order.
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BREAKING: Giuliani associate Lev Parnas guilty on all counts at trial on charges of routing foreign money into US campaign and making straw donations. Co-defendant Andrey Kukushkin also guilty on charges he faced. Earlier: politi.co/2Zk0FoL
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.
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.'
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
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.
#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.'