Thread by @innercitypress

OK - now US v. Sean Combs, before SDNY Judge Amit Subramanian. Inner City Press is covering the case (book: ) and will live tweet, thread below amazon.com/dp/B0DHP7YF19

[Sean Combs has been brought in through side (holding cell) door, in MDC ten pants and shirt. He is smiling, hugs his lawyers, sits down talking with Tony Riccio. Appellate lawyer Alexandra Shapiro sit alone at the table behind. Drum roll...

All rise!
"The matter of 24 cr 542, US versus Sean Combs!"
Anthony Ricco: "Mr. Combs' mother and his children traveled here from Florida and are seated behind me."
Judge Subramanian: AUSA Smyser's spouse is at my previous firm, I wanted to disclose

Judge: What about the Speedy Trial Act clock?
Combs' lawyer Agnifilo: I do not agree that the Speedy Trial waiver is effective - we did not consent before Judge Carter.
Judge: You've requested a trial in April or May 2025. I can give you either month

Judge: May 5, the trial will start. Or I'll give you April if you want.
Agnifilo: We'll take May 5 - there is a lot of discovery.
Judge: How long will the government's case be?
AUSA Emily Johnson: Three weeks, but...

AUSA Johnson: Our investigation is ongoing so there could be a superseding indictment.
Agnifilo: There will be a defense case. One week, I estimate.
Judge: And let's turn to discovery.
AUSA: We'll complete production by the end of the year

Judge: Let's turn to disputes -
Agnifilo: We are trying to keep them to a minimum. We have an active dialogue with the government. I don't have any disputes at the moment.
Judge: That's fine. Ms. Johnson, anything more on discovery?
AUSA: On Monday we have 1 TB

AUSA Johnson: We gave one terabyte, a device they asked for first. There were 96 devices seized in March, from LA, Miami and his person at a private airport in Florida. We are extracting material- over the next 30 days

AUSA Johnson: Current technology doesn't allow us to quickly extract. The government's ability to decrypt is constantly evolving. Also sometimes with older tablets we don't have the forensic tools, so we are looking for solutions. Some devices were damaged

AUSA Johnson: From the airport, 9 devices were seized.. From Miami, 36 devices were seized, 29 have been extracted and 17 will be produced in our next production. LA, 51 seized, 27 will be produced in our next production. Also his phone from arrest in Sept

AUSA Johnson: The subpoena returns, we are putting them in a Relativity database.
Judge: And Brady material?
AUSA Johnson: The defense sent us a Brady request.
Judge: At the next conference I will ask about your progress.
AUSA: Our investigation continues

AUSA Johnson: We have a subpoena out to Combs Global... We are reviewing all of the material for privilege. Our filter team removes some material before the case team can see it.
Judge: For motions, I'll give the defense until February 17. Or before, we are here

Judge: Let's have a next [discovery] conference on December 18 at 2 pm. Let's turn to the defendant's motion.
Agnifilo: We are asking for a gag order. The concern is that the agents have been leaking grand jury information and making other prejudicial statements

Combs' lawyer Agnifilo: We told the prosecutors, Your agents are leaking information to the press. It started again around the time of the arrest. The interim relief we are requesting is the gag order.
Judge: It's like the Local Rule.
AUSA: We ask that you defer

AUSA Johnson: They are trying to exclude a damning piece of evidence. The press statements, they are not from the prosecution team. That is significant. We request you defer any ruling until you get our papers. We will of course not speak to the press, under 23.1

Judge: The order would prohibit any further leaking of information to the media - it could be furnished to DHS agents.
AUSA: We have no problem affirm our obligation not to speak to the press. We object to an order about future leaks. If so, should be reciprocal

Judge: Okay, draft one, I'll hear any objection.
AUSA Johnson: We have concerns about Mr. Agnifilo's statement. He baselessly accused the government of engaging in a racist prosecution. It violates Rule 23.1d7.

AUSA Johnson: I'll read a quote. Mr. Agnifilo said, "They make this case as the take-down of a successful Black man." The statements have been picked up. He should affirm his obligations under 23.1.
Agnifilo: This should have been in the letter

Agnifilo: But I affirm my duty.
Judge: Any application under the Speedy Trial Act?
AUSA Johnson: We move to exclude time under the Act, it's already tolled by the motion.
Judge: I exclude time until December 18. I have no application for bail before me...

Judge: So Mr. Combs will remain detained. We are adjourned.
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