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By Matthew Russell Lee, Patreon Maxwell book
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EDNY COURTHOUSE, Oct 15 – 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 October 4, FBI Special Agent Liz Sidaros was still on the stand, but now for cross examination.  Barrack's lawyer asked her what Instagram is, then emphasized that neither Malik nor Barrack were sneaking around.  He showed Barrack's disclosure to the US State Department when he applied for the US diplomatic job, as Rex Tillerson testified on October 3. Then Colony Capital marketing materials, including Barrack's links withe First Republic Bank and others.

On Sunday October 9, Judge Cogan tightened the advance notice of witnesses period from four to three days: "ORDER granting in part and denying in part [298] Motion in Limine as to Thomas Joseph Barrack (2), Matthew Grimes (3). The Government is required to disclose its anticipated witnesses for Tuesday and Wednesday today consistent with the Court's oral ruling. Thereafter, the parties are to disclose a list of anticipated witnesses 3 days in advance. Ordered by Judge Brian M. Cogan on 10/8/2022."

On Saturday October 15, the US filed: "Dear Judge Cogan: The government respectfully requests that the Court deny the defendant’s request to reconsider the Court’s order that Allison Marckstadt disclose to the government all communications specified by the Court, both as to the particular documents reviewed in camera and similar documents in the broader set withheld from the government, including communications involving Tommy Davis. In the event the Court reconsiders its order, the government respectfully requests the Court conduct an in camera review of the additional 288 communications defendant Thomas Barrack has belatedly identified as privileged (the “Davis Materials”), even if that review is conducted on an accelerated basis with focus on communications involving Mr. Davis on which no attorney is copied.

I. Reconsideration of the Court’s Order Is Not Warranted The government is not in a position to assess whether any of the communications at issue are privileged, but the Court correctly ruled that Ms. Marckstadt and Barrack failed adequately to establish any privilege by the (already late) deadline set – clearly, in a public docket bounce" - full filing on Patreon here.

On FARA, full order on Patreon here.

Analysis: Because of the possibility of (success) appeal to any conviction under Section 951, on a claim that the jurors confused it with FARA, the attempt is made to keep FARA out of testimony as much as possible. But what about the jury instructions? Watch this site.

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