Indicted UAE
Lobbyist Barrack Has May 24 Hearing After
May 19 CIPA No UAE Answers
By Matthew
Russell Lee, Patreon Podcast
BBC
- Guardian
UK - Honduras
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EDNY, March 22 –
Thomas Barrack and Matthew
Grimes, indicted for illegal
lobbying for the United Arab
Emirates, were arraigned on
July 26, 2021 before U.S.
District Court for the Eastern
District of New York
Magistrate Judge Sanket
Bulsara. Inner City Press live
tweeted it here
(and podcast here)
On August
3, Grimes asked the Court for
permission to travel to New
York where his lawyers are
based - and then to take the
train to Boston (the
conditions of release were
limited and car and common air
carrier, with private jet
access cited). Letter on
CourtListener here.
On November 2,
Judge Cogan
held another
proceeding in
the case - but
no listen-only
call-in line
was provided,
unlike the
in-person EDNY
guilty plea
the same day
in US v.
Daniel Rendon
Herrera, a
Colombian drug
kingpin
charged with
continuing
criminal
enterprise and
providing
material
support to a
foreign
terrorist
organization
before Judge
Dora L.
Irizarry.
Inner City
Press live
tweeted thread
here.
Why
less
transparency
on Barrack?
On March 15, 2022, with the UAE Mission
to the UN under Ambassador
Lana Nusseibeh
refusing to
answer
written
questions from
Inner City
Press and
documents
sealed in
EDNY, this Barrack
argument;
"while the
indictment
alleges that
Mr. Barrack
spoke
positively
about the UAE
in the media,
see Indictment
¶ 24, those
allegations do
not show he
was the UAE’s
agent, see
Mot. 7.
Otherwise, a
U.S. citizen
could never
speak
positively of
a foreign
government or
its objectives
without
running afoul
of Section
951, and could
not flatter
himself when
he did so, see
Indictment ¶
24(d)—a result
that would
clearly run
afoul of the
First
Amendment, see
supra 11-14.
Similarly, the
indictment
alleges that
UAE officials
asked Mr.
Barrack for
information
about certain
U.S.
officials, see
Indictment ¶¶
54, 56, and
informed Mr.
Barrack of
certain UAE
objectives,
id. ¶¶ 57,
60-62, 65,
71-74, 81-87,
but there is
no allegation
Mr. Barrack
agreed to
advance these
objectives or
complied with
the UAE’s
requests, see
Mot. 7, 17-18.
Merely
receiving
requests from
a third party
does not show
a duty to act
subject to the
third party’s
direction or
control;
“mutual
assent” to the
agency
relationship
is required."
On
March 22,
2022, Judge
Cogan held
another
proceeding and
Inner City Press again covered
it, thread
here:
OK -
now in case of
indicted
United Arab
Emirates
illegal
lobbyist Tom
Barrack, a
proceeding in
EDNY.
Judge
Cogan: When
can you file
your motion -
in 2 weeks?
The answer is
yes. Defense
counsel asks
for right to
reply.
Judge
Cogan: What
about the
Curcio
[possible
conflict of
interest of
counsel]
hearing?
Let's do it
5:30 on April
7.
Judge
Cogan: I'd be
willing to do
the trial by
video... [Why
not? At least
a public
listen-only
call-in line]
Judge
Cogan: Is US
going to
supersede?
AUSA: We are
mindful of
trial timing,
either way we
won't impact
it. Judge:
When will you
know? AUSA: By
mid June.
AUSA:
Your Honor
will see us on
May 19 on the
CIPA issues.
We may know by
then. Judge
Cogan: What
might a
superseding
indictment
look like, do
you know?
AUSA: We know.
Judge Cogan:
Would it mess
up the trial
schedule?
AUSA: We don't
think so. No
new CIPA.
Judge
Cogan: We have
another status
conference,
say, May 24,
11:30 am. It's
been
designated
complex, so
[Speedy Trial
Act] time is
excluded.
Adjourned.
Story soon on
InnerCityPress.com-
with or w/o
any
UAEmissionToUN
answers,
including on
role in #1MDB
rip-off
From July 26:
Judge Bulsara: Mr. Grimes, I
have a document that's called
an appearance bond. What's
your relationship with Matthew
Grimes? A: He's my
brother... I earn
$140,000 a year.
Judge
Bulsara: Mr. Grimes, I'm
prepared to release you
pending trial, provided you
understand the conditions.
Grimes: I do, your Honor.
Judge Bulsara:
You can only travel on a
common air carrier. Fund
transfers are restricted, as
set forth in the bond.
AUSA: This case
has been set down for a
conference before Judge Cogan
on September 2 at 10 am. We
request the exclusion of time
under the Speedy Trial Act
until then
Judge Bulsara:
Defense, do you consent? Yes.
Judge Bulsara: OK, we are
adjourned.
Both defendants
entered pleas of “not guilty”
to the indictment through
their attorneys. No
changes in their bond
conditions except that Barrack
is now also allowed to travel
to the state of Colorado where
he will reside at his home in
Aspen. Their first
appearance before U.S.
District Judge Brian Cogan
will be on September 2 at 10
a.m. The government will
begin turning over discovery
to the defendants.
Grimes’s father was present in
the courtroom in Brooklyn
today. Barrack’s
ex-wife, son and Barrack’s
friend were on videoconference
as suretors for his $250
million bond.
The case is USA
V. AL MALIK ALSHAHHI et al.,
21-cr-371 (EDNY, Cogan, J.)
***
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