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May 5 • 7 tweets • 3 min read
OK - in #HezbollahTrial of Alexei Saab, 2d day deliberation - now 12:45 pm lawyers in 318 for 1st time today. Inner City Press has covered the trial innercitypress.com/sdny12ugardeph…
& vibe innercitypress.com/literary1hezbo…
and will live tweet to verdict, thread below
Judge Gardephe took the bench after noon and said
Jury wants testimony of Dr. Levitt (we've touched on his podcast) and a projector and to know if they have to agree on the "theory of liability." It would seem they are not close to a verdict at this point
Judge Gardephe has summoned the jurors in and begins by reading back to them their note. His answer(s)
Judge: We are putting the transcripts together. Sorry, we don't have projectors. On theory of liability - yes, you have to be anonymous as at least 1 theory
Judge Gardephe asks the AUSA how long the transcripts will take, and says, We'll wait for their next note.
So will we. Watch this site.
In #HezbollahTrial of US v. Alexei Saab, Judge Gardephe is back, saying the government presented three theories of liability for material support: principal, attempt and aiding-and-abetting. He says he is not comfortable with four jurors going with each theory...
#HezbollahTrial jury sent a note about venue. (A question which also arose just now in EDNY press conference about extradition of and case against Colombia nargo Otoniel). Judge Gardephe is reading them his answer. Then reads lawyers 2 Cir re theories of liability
Judge Gardephe (for 2d day in a row in #HezbollahTrial deliberations) - Ladies and gentlemen it is now 5 o'clock so we will sent you home and see you tomorrow
[for a third day of deliberation]. Story later on InnerCityPress.com and patreon.com/MatthewRussell…

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More from @innercitypress

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May 6
OK - now in "We Build the Wall" case of Kolfage (who pleaded guilty innercitypress.com/sdny12ibannonk…), pre-trial conference on Tim Shea. Judge Analisa Torres just said his communication with his wife can be admitted at trial. Inner City Press will live tweet, thread below Image
Judge Torres: Defense requests that the US not be able to put in evidence of not paying taxes, calling it irrelevant. The US argues not reporting income from We Build the Wall is relevant. I rule that the evidence may be introduced.
Assistant US Attorney: We don't want the jury to hear about his children, or his faith.
Shea's lawyer: We want the jury to know that he lives in Colorado and that's why his family is not in the gallery.
AUSA: We want no reference to Mr. Bannon's pardon.
Read 4 tweets
Inner City Press Profile picture
May 6
OK - now in Jan 6 case of Stewart Rhodes (and MEGGS, HARRELSON, WATKINS, MINUTA, HACKETT, MOERSCHEL, CALDWELL & VALLEJO) Rhodes' lawyer says his client was "lost" for month, until April 26. Inner City Press will live tweet, thread below
Rhodes' lawyer says his client's phone was the master phone, wants the whole download because he say there is exculpatory information in chats the US did not include.
Judge Mehta: I've been told that the most people we could have in a trial is six. We could not do a 9 person trial, even in the Ceremonial Courtroom. I am not going to push the Marshal Service too far. So, six is the max. No one is entitled to a trial with others
Read 7 tweets
Inner City Press Profile picture
May 6
OK - now in Jan 6 case, sentencing of Aaron Mostofsky. Inner City Press has covered his case innercitypress.com/edny2mostofsky… and will live tweet - US is asking for jail time as deterrent, just cited QAnon Shaman. Thread below
Mostofsky's lawyer: The videos shown by the government are emotionally powerful, we'll stipulate to that. But prosecutors arguments are quite hollow. They say his purpose was to assault democracy. That is false. Mostofsky was like Zelig, a character from the film
Mostofsky's lawyer: My client wears costumes all the time, including the cave man costume at issue. He did not plan to go to the Capitol, only the rally.
Read 8 tweets
Inner City Press Profile picture
May 6
OK - in #HezbollahTrial of Alexei Saab, 3d day deliberation - now 11:10 pm lawyers in 318 for 1st time today. Inner City Press has covered the trial innercitypress.com/sdny12ugardeph… & vibe innercitypress.com/literary1hezbo… and will live tweet to verdict (today?), thread below
Judge Gardephe: The jury is asking for many exhibits (94, 95, 96, 700 series and 700T). Does the government know what these exhibits are?
AUSA: We will prepare them.
[This could take a while]
Judge Gardephe has summoned the jurors into Courtroom 318, says We are going play you the 700 series, and we are distributing 700T [transcript].
Read 11 tweets
Inner City Press Profile picture
May 5
OK - now Jan 6 case of Joshua Doolin and others. Even with DOJ now projecting a trial date of August or September, Doolin wants his trial severed so he can go to trial sooner. Inner City Press will live tweet, thread below
Judge Carl J. Nichols: I have other trials. So the fasted I could do a Doolin specific trial would be in June. My best time would be September. That's the only time I could do it this year.
[Now's the "Doolin plus" indictment justice.gov/usao-dc/case-m…
Judge Nichols: The case has been around for a while. But there is a significant amount of discovery. I'm not suggesting there is a Constitutional interest. But the defendants' interests are diverging. So I am going to sever Mr. Doolin and set his trial for Sept 12
Read 4 tweets
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May 5
Now @sdnylive, NFL by analogy: defense lawyer in SEC v. James Im, 17-cv-3613, is saying that the fancy investment moves of his client were like teams using "special sauce" to make picks in the NFL draft. #NFLinTheCourts
Side update: In SEC v. Im case, jury has sent a note asking about about Element 2, materiality, and "page 11, 2d paragraph." Judge Oetken is soliciting proposed answers.
The lawyers for Im (a Nomura trader) have asked for 10 minutes to come up with a proposed answer to jury's questions. Judge Oetken urges them to confer with the SEC lawyers too; grants the 10 minutes. #VerdictFriday
Read 7 tweets

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