OK - now Jan 6 multi-defendant case 21-cr-40 DDC incl MCCAUGHEY, MORSS, CAPPUCCIO, SILLS & KLEIN, Judge McFadden is holding a proceeding- with a public call-in line, like US v. #GhislaineMaxwell could/should have had. Inner City Press will live tweet, thread below
The proceeding begins with not-guilty pleas to superseding indictment, now by (former US State Department employee) Federico Klein, count 34, obstruction of a civil proceeding, count 51, violence with a deadly building in a restricted building. Pleads: Not guilty
In the wider case, Judge McFadden: Defendant claims a fire cracker is not a deadly weapon. I deny the motion to dismiss. Also before me is Morss' motion for release. The government has submitted photos & evidence of what happened on Jan 6. Detention is warranted.
Note: the Klein charge, count 51, is violence in a restricted building with a deadly *weapon*
The overall case will meet again on Feb 4, 2 pm. Any plea offer must be accepted or rejected in writing.
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OK - in US v. #GhislaineMaxwell, it's the Saturday "charging conference" to argue how the jury will be instructed before they deliberate on Maxwell's fate. Inner City Press will live tweet, thread below. #MaximumMaxwell
Judge Nathan: I have distributed my draft charge. Now we will discuss it.
Maxwell's lawyer Everdell: We say foreign commerce should be excluded. There's no evidence in the record about Ms. Maxwell enticing Virginia Roberts, only of Roberts enticing Carolyn.
AUSA: We're OK with removing foreign commerce from Counts 1-4.
[Note: Ghislaine Maxwell is here, sitting in the corner as ever with two (female) U.S. Marshals behind her, today in gray sweater.]
Judge Nathan: Mr. Everdell, help me find each "foreign commerce."
OK - it's US v. #GhislaineMaxwell trial Day 12, defense arguing to keep their case open until Monday for a final, 81-year old witness. Inner City Press is reporting on the case and will live tweet, thread below patreon.com/posts/60022486
Judge Nathan: I'm letting in the documents about residence versus ownership. If I weren't, you might have a point. Is this deposition transcript new to you?
Maxwell's lawyer: She was deposed in a slip and fall case.
Judge Nathan: You'll provide the transcript.
Judge Nathan: I have a rule, you have your next witness or you rest. If otherwise the case closes today, it closes today.
[Couldn't Maxwell's lawyers just do super-long direct examination? And what about the 3 day hiatus?]
OK - now US v. #GhislaineMaxwell trial Day 11, afternoon thread. Maxwell's lawyer want to put in "prior inconsistent statement" of survivor witness Carolyn, after they finish the paid memory decay expert Loftus. Inner City Press will live tweet, thread below
Judge Nathan: What else?
Maxwell's lawyer: The US' rebuttal expert, I'm prepared to file something if they actually call the expert.
Judge Nathan: Hamilton?
Everdell: We reached him, he can do WebEx tomorrow.
Sternheim: Because of his condition, we haven't spoken.
Jury entering!
Maxwell's lawyer: Dr Loftus, are you aware of image enhancing memory distortion?
Loftus: It makes people feel better about themselves.
Maxwell's lawyer: I asked you about C.V. So I move into evidence your C.V.
AUSA: Objection.
OK - Now Trial Day 11 of US v. #GhislaineMaxwell, Inner City Press is reporting on the case including 3 day (DC) hiatus and will now continue live tweeting the trial day(s), thread below patreon.com/posts/59982178
Judge Alison Nathan, who yesterday in DC forwarded her nomination to 2d Circuit Court of Appeals, takes the bench & just begins ruling on the filings that built up over the 3 day hiatus (request for call in line amid Omicron and all flight logs still UNacted on)
Judge Nathan: About Doctor Loftus' testimony. The US seeks to exclude 2 aspects, her testimony on leading questions and therapists' techniques. I have ruled that these are generally admissible. I deny the government's motion to preclude.
Now @sdnylive, case against Robert De Niro, whose lawyer is threatening to seek sanctions against plaintiff Ms. Graham Chase Robinson. Inner City Press has reported on the case innercitypress.com/sdny25bparkerd… and will live tweet, thread below
De Nero's lawyer wants to do a 14 hour deposition of the plaintiff. Judge asks why.
Lawyer: There are 2 defendants here, Mr. de Nero and Canal Productions.
Judge: I don't think you are entitled to 14 hours.
De Nero's lawyer asks to move the deposition - now whittled down to 7 hours - from Friday to Monday. Judge orders it so, telling Plaintiff take make herself available absent some medical emergency.
Judge: I expect the defense not to engage in speaking objections
OK - in Day 3 of 3 hiatus in #GhislaineMaxwell trial, now another sexual exploitation case, Columbia's "Dirty Doc" Hadden. Inner City Press has reported on it innercitypress.com/sdny29straussh… and will live tweet, thread below
Judge Berman (joining the proceeding after a meeting): If you want to have some additional argument, I'm happy to hear that.
Defense lawyer: We believe an evidentiary hearing is appropriate. There was been more than normal cooperation between the two prosecutors
AUSA Kim: Defendant has failed to justify any sort of evidentiary hearing. It's all speculation. There are numerous cases where there has been a Federal prosecution after a state case.
[Uh, like US Attorney Alex Acosta sending Epstein case back to the state?]