In
Barrack Trial As UAE Agent
US Defends Withholding
Classified Info, Opposes
Curative Instruction
By Matthew
Russell Lee, Patreon Maxwell
book
BBC -
Honduras
- CIA
Trial book - NY
Mag
EDNY MEDIA ROOM,
Oct 24 –
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 24, preparing
for closing
arguments, the
US filed that
"
Prior to
opening
statements,
Defendants
knew that the
Court had (1)
ordered that
the government
was permitted
to withhold
certain
classified
information
because public
disclosure
could cause
serious damage
to national
security and
(2)
specifically
precluded
defense
counsel from
inquiring
about
classified
information at
trial because
the existence
or absence of
classified
information is
irrelevant.
Nonetheless,
in opening
statements,
counsel for
Barrack made
statements in
direct
conflict with
those orders,
explicitly
arguing that
the existence
or absence of
classified
information
was relevant
to the jury’s
determination.
Counsel made
these
arguments
twice, despite
an objection
and direction
by the Court
to move on
after the
first improper
statement.
Afterward, the
Court issued a
measured and
appropriate
instruction to
cure the
prejudice
caused by
counsel’s
comments,
advising the
jury not to
speculate
about
irrelevant
information.
Barrack’s
opening
statement was
improper, and
the curative
instruction
the Court
issued was a
necessary
response—and
remarkably
light
sanction—for
this
misconduct.
Defendants now
seek to avoid
the
foreseeable
consequence of
violating the
Court’s prior
orders
prohibiting
them from
arguing that
the existence
or
non-existence
of classified
information
about
intercepted
communications
suggests that
the
communications
did not exist.
In doing so,
Defendants
signal that
they intend to
again violate
the Court’s
orders in
closing
arguments and
also seek an
instruction to
reverse the
remedy the
Court was
compelled to
provide
following
counsel for
Barrack’s
calculated
decision to
make an
improper
statement.
Defendants’
motion should
be denied. To
the extent"- full
14 page
letter on
Patreon here.
On
October 21,
the defense
called as a witness
Brady Cassis,
an
associate at
Paul Hasting
in DC. He was
present and
took laptop
notes at the
June 20, 2019
DOJ interview
of Barrack.
But the US
immediately
opposed admission
of the notes
that he took.
Judge Brian
M. Cogan sent
the jurors to
the jury room
in order to
hear argument.
At 3:10
pm, more of
Cassis' notes
were shown,
about Bannon's
relationship
with MBZ and
"Erik Prince / Blackwater;" and
a flight to
the Middle
East including
"the actor Rob
Lowe." Watch
this site.
Order
on Patreon here.
US 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.
Watch
this site -
and this Sept
30 vlog,
and Twitter
Space here. Oct
4 vlog here.
***
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