OK - third time's the charm? Now accused Russian hacker Dmitry Ukrainskiy being arraigned before #EDNY Magistrate Judge Reyes. On him previously being "lost," still no answers from @EDNYnews spokesman @Marzullij, thread below
Counsel for Ukrainskiy: I spoke with my client yesterday in the MDC and he complains about the slow pace of his case and he demands a speedy trial.
Judge Reyes: The pace of the case is not something I can impact. I will let the District Judge know...
Judge Reyes: Mr. Ukrainskiy, you are charged in five courts. Have you received a copy of the indictment?
Counsel: I dropped it in the MDC legal mailbox but he still hasn't received it... But he understands the charges and pleads not guilty.
EDNY AUSA: Some personal items came in-
Counsel: This is not a matter for the court.
EDNY AUSA: I want to put it on the record. We will mail them to an address in the US or hold them until the time of trial. And, we want to exclude time under the Speedy Trial Act
Defense counsel: He does not consent.
AUSA: That doesn't matter. The Court can do it.
Defense counsel: Mr. Ukrainskiy has been in custody for six years. The EDNY prosecutors do not need more time.
AUSA: We seized two computers, much evidence. To the extent that defense counsel's busy trial schedule-
Defense Counsel: We don't even have the discovery yet. That's what Mr. Ukrainskiy objects to. That's the point.
Judge Reyes: When did the EDNY get this evidence?
AUSA: Most of it in 2016...But it had to be decrypted. We now have an image of it. We can send it once he provides us with a hard drive.
Judge Reyes: I'll exclude time them. But further extensions are unlikely absent a better showing.
AUSA Alexander Mindlin: My Office is going to be asking to transfer this case to another judge.
[Inner City Press will be asking @EDNYnews spox @Marzullij questions]
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Now in Michigan: Flint water case jury note - of deadlock? -- is being announced in the US District Court for the Eastern District of Michigan. Inner City Press is covering it, watch this feed (thread below)
Counsel: We would ask that the court instruct the jury to continue to deliberate until they reach a verdict, 7 of 8. This is under Michigan law, though in Federal court.
Lawyer: The note says, "Further deliberations will only result in anxiety." What they have said is stressful to wait for a unanimous decision. They have put in six months of their lives. They are following Judge Levy's instructions.
[This is a visiting judge]
OK - now in EDNY, Chinese accused spying & threats case of Liu, ZIBURIS, Taylor & Miller . Inner City Press is covering the case despite @EDNYnews not answering Press questions innercitypress.com/china2ednyunco… and will live tweet, thread below
EDNY AUSA Alexander A. Solomon says that Ziburis is engaged in plea negotiations, discovery is being prepared for the other defendants.
One of the other defendants says they got Solomon's letter (maybe EDNY is giving copies free to its supporters), but not the docs
Judge LaShann DeArcy Hall asks Ziburis' counsel if he has anything to say. He does not, other than how to pronounce his client's name.
Judge asks about the amount of discovery, on which it was said 60 days to review will not be enough.
OK - now on terrorism case of US v. Saipov (who ran over people on the West Side Highway), Judge Broderick has a hearing & is asking if DOJ is seeking the death penalty or not. Inner City Press is reporting innercitypress.com/sdny19saipov08… and will live tweet, thread below
Judge Broderick: So is DOJ seeking the death penalty?
AUSA Houle: We've asked [Main Justice]. We have no answer.
Judge Broderick: Do you think there will be an answer before the trial?
AUSA: I don't know.
Judge Broderick: If there are dispute as to the stipulations, make whatever applications you deem appropriate. On the request for the defendant to not wear a mask during jury selection, does that apply to the whole trial?
Federal Defender: Yes.
OK - now NYS corruption case of Brian Benjamin, former Lt Gov, oral argument after Benjamin filed motions to dismiss. Inner City Press, which exclusively reported cooperator Migol's quiet plea in Mag Court innercitypress.com/sdny53ioetkenm… will live tweet - thread below
All rise!
Judge Oetken: We're here on defendant's pre-trial motions. I'll probably have some questions.
Benjamin's lawyer Barry Berke: We are in campaign season and candidates who are also elected officials are raising money, including from beneficiaries...
Kramer Levin's Berke: The prosecutors are twisting themselves in knots to try to avoid the 2d Circuit's line on this. This is the most aggressive political corruption case in US history. It must be dismissed, under McCormick. A specific quid-pro-quo is required.
MoFo lawyer says Rosario came to partners' retreat in So Cal, visits his countryhouse in Garrison. Says he introduced Rosario to his financial adviser at Vanguard
On cross, NYC lawyer zeroes in on financial advisory relationship, that Rosario called him his "star witness"
OK - now Ben & Jerry's case against Unilever selling its ice cream on the West Bank, a Preliminary Injunction hearing. Will weekend's events in Gaza come up? Inner City Press is covering the case innercitypress.com/sdny2westbankb… and will live tweet, thread below
Cravath Swain for defendant: The assets that were transferred June 29 have been sold, the licenses have been given irrevocably. Section 5.1.0 speaks to licenses for know-how - it has been transferred too.
Lawyer for Ben & Jerry's says, "It's like Laura Ingraham telling Labron James to 'shut up and dribble.'"