| Accused Hezbollah Helper
Saab Has Jan 10 Trial in SDNY But Defense Now
Wants April
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 8 – Alexei Saab, charged
with providing aid to
Hezbollah, had a proceeding
before U.S. District
Court for the Southern
District of New York Judge
Gardephe on June 15, 2020.
Inner City Press covered it,
as it did another hearing on
April 7, 2021, here
and below.
On July
15, Saab's trial was set, for
January 10, 2020: "ORDER as to
Alexei Saab. Subject to
COVID-19 protocols, trial is
scheduled for January 10,
2022, at 9:30 a.m. in
Courtroom 705 of the Thurgood
Marshall U.S. Courthouse, 40
Foley Square, New York, New
York."
Now on
November 8, Saab's lawyer has
written in to request a delay,
noting that the US Attorney's
Office does not agree. The
argument is that many motions
in limine, and CIPA motions,
are outstanding.
The letter
also says, "the Defense
understands that the SDNY is
not fully reopened" - this
while major trials proceed,
without any listen-only
call-in phone lines, amid
COVID and the Delta variant.
How will Judge Gardephe (and
other Judges) rule? Watch this
site.
On May
24-25, Saab's lawyer filed a
technically untimely motion
for bail and to declassify
certain information partially
disclosed to the defense.
Annexed is
an affidavit from Anthanasios
Cambanis, disputing that Saab
know or would have thought
that the person he was
allegedly ordered to shoot at
was an Israeli spy. Thanassis
Cambanis calls it a training
exercise. Watch this site.
Back on
June 15 his lawyer said Saab,
aka Rachid, has no access to
law library.
Judge Gardephe
asked if the parties have been
discussing resolving the case
by plea.
But the talks
stopped when Saab filed
motions. His lawyer Marlon
Kirton says remains open to
resolving it, but "it's
leaning more toward a trial
now."
Assistant US
Attorney Jason Richman said
that with his Office it's fine
to provide an update in 30
days, with motion and trial
schedule. He said disposition
is "unlikely... Things are
trending toward a trial." He
mentioned the Classified
Information Procedures Act,
and Section 4 brief.
Judge Gardephe
said, There is a lot going on
in this case. We'll give you
another 30 days to take stock.
There was another
status conference on September
18. Inner City Press live
tweeted it:
His lawyer says
Saab hasn't accessed the MCC
law library since March, and
no access to hard drive for
discovery.
Saab's lawyer: We
are going to make a motion to
dismiss the indictment. It's
hard because the SDNY has not
pattern jury instructions.
Judge Gardephe:
He's proposing briefing
through February, with a
hearing on or after March 22.
Is that acceptable to the US?
Yes
Deputy:
Thurs, April 1?
Judge Gardephe: I
don't want it the first day in
April. How about April 6, 10
am? AUSA: I'm supposed to be
out of town. But a colleague
could do it.
Judge Gardephe:
April 7, then - hearing
or oral argument. Shall we
exclude time? Yes.
And on April 7,
Inner City Press again covered
it and live tweeted,
here:
Saab's lawyer is
questioning why the FBI got
search warrant for immigration
issues when they immediately
told him, this is about
Hezbollah.
Defense: It
raises questions that the [NJ
Magistrate] Judge was
presented with incomplete
information to sign the
warrant. Judge Gardephe: If
there are misrepresentation in
the search warrant
application, they might be
relevant. But I'd have to read
the affidavit
Judge Gardephe:
I'm in chambers, let me see if
I can find my calendar. Four
weeks to file- how about a
hearing on defendant's motions
on June 21, 10:30 am? I hope
we can do it in person.
Adjourned.
The case is US v.
Saab, 19-cr-676 (Gardephe).
***
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