Thread by @innercitypress

OK - now US v Juan Orlando Hernandez, former president of #Honduras, with trial scheduled for April 24. [ahora US v. JOH, expresidente de #Honduras] Inner City Press is covering the case innercitypress.com/hondurassalgue… and will tweet, thread below

JOH has been brought in by Marshals, wearing a blue COVID mask. He touches the microphone in front of him and it squawks. He covers it to speak with his lawyer beside him. No sign (yet) of his new lawyer who is authorized under CIPA

All rise!
Judge Castel: Defense?
Ray Colon: For Juan Orlando Hernandez Alvarado.
Judge: I have this letter from the government that perplexes me. Is the US asking for an adjournment?
Assistant US Attorney Tarlow: We agree with defense that it is appropriate.

Judge Castel: Why is an adjournment appropriate under the Classified Information Procedures Act?
AUSA Tarlow: We have been coordinating with parts of the government who say they need more time to submit their declarations. Until March 17.
Judge Castel: Then what?

AUSA Tarlow: We expect Section 5 & 6 of CIPA litigation
Judge Castel: Why couldn't I hold to the April 24 trial date? Or just a few days past?
AUSA Tarlow: The volume of classified litigation. To compress might be too aggressive. We cannot go into it in this forum

AUSA Tarlow: We could submit a letter --
Judge Castel: You could have done that before today. I have plenty of availability. Can I say, come back at 4 pm today? Or 10 am tomorrow?
AUSA Tarlow: We could do it tomorrow.
Judge Castel: How about today?

Judge Castel: How about a joint trial with Bonilla on September 18? [Story earlier today: innercitypress.com/hondurasunseal…

Ray Colon: We would be moving for severance.
Judge Castel: That's usually what happens in conspiracy cases
Ray Colon: I haven't seen the CIPA information. That's the seminal issue for us.
Judge Castel: You are saying, no date works? Your letter says July or August

Ray Colon: The issue with CIPA is-
Judge Castel: But you said July or August. Why doesn't CIPA volume impact that?
Ray Colon: We don't know the volume. I go to that jail five days a week, to go over the discovery we have Soon we'll get 3500 material. Then the CIPA

Judge Castel: So you're asking me to vacate the trial date, and not yet another?
Ray Colon: Yes
Judge Castel: A motion for severance, you could file in the next 30 days, right?
Ray Colon. Yes. This process of vetting classified information, it is very complicated

Ray Colon: I got in the mail yesterday from Washington, a letter asking me to be finger printed. But I already did it. It came out of left field. The government says they are speaking with other agencies. Is that the DEA? The CIA?

Ray Colon: We didn't consent to the March 17 date. Doesn't this all depend on them?
Judge Castel: I'm not in a position to answer that. I haven't had delay problems in other CIPA cases. [Judge Castel was the judge in US v. Virgil Griffith, NorthKorea crypto case

Judge Castel: I am going to adjourn the trial from April 24 to Sept 18. The schedule is already in the docket. Would it be convenient to file for a severance in next 30 days?
Ray Colon: Yes.
Judge Castel: US to respond in 21 days. I'll put an order on the docket

Ray Colon: I'm going to write to the government about activity by the Honduran government making it difficult for defense counsel to speak with certain individuals. That creates a problem for an effective defense

Ray Colon: We are going to ask, so that the US State Department make it easier for us. I had a military officer ready to testify, on a 4th Amendment issue, very salient, about an incident that did not occur who was described in Juan Antonio's trial.

Ray Colon: The Honduras government has been placing obstacles for our defense. What US agency is influencing the relationship - the CIA or the DEA? This person was quite willing to be interviewed by me. But now he's told the family, only with a judge's order

Judge Castel: A Honduran judge?
Ray Colon: If you order something, I assume the US State Department would tell the Honduran government. I don't think the present Honduran government would ignore your Honor.
AUSA: This is the first we're hearing about this

AUSA Tarlow: We want to put your Honor on notice, we are looking into conflicts of interest with new counsel. We may request a Curcio hearing. Also, we want to exclude Speedy Trial Act time until September 18, to discuss any possible pre-trial resolution

Judge Castel: I grant a continuance to Sept 18, 2023 and exclude Speedy Trial Act time until then. I align the motion deadlines with the Sept 18 trial [of Tigre Bonilla], with final pre-trial conference in July.

OK - the conference is over, and Juan Orlando Hernandez had been taken back into the holding cell by the Marshals. What was Ray Colon trying to say, about being hindered by Honduran government in speaking with witnesses there. Story soon. patreon.com/MatthewRussell…