| In We Build The Wall Case Kolfage
Must Be Trial Ready May 16 As COVID Lifts in
SDNY
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
March 8 –
The Southern District of New
York courthouse, which Inner
City Press has covered nearly
alone this summer amid the
COVID-19 pandemic, was jumping
on August 20. Video here.
In the afternoon, Steve Bannon
would appear in person before
a judge. After pleading not
guilty, he told the press as
he left the courthouse, "This
entire fiasco is to stop
people who want to build the
wall."
This came after
more than two hours of
chanting by three then six
people with flags, pro-Bannon:
"CCP violence, stop the
killing." Inner City Press
spoke with them, video here.
And see coverage
of Guo case here,
podcast here
On August
31, 2020 U.S. District Court
for the Southern District of
New York Judge Analisa Torres
held a proceeding, and Inner
City Press live tweeted it,
below.
On
December 17, Judge Torres held
another proceeding, and Inner
City Press live tweeted it,
below.
On December 27-28
in the case, We Built The Wall
and Kris
Kobach appealed:
"Notice is hereby given that
We Build the Wall, Inc., and
Kris Kobach, nonparty movants
in the above-captioned case,
hereby appeal to the United
States Court of Appeals for
the Second Circuit from an
Order denying their Motion to
Modify a Post-Indictment
Restraining Order, entered in
this action on December 14,
2020."
On May 5, 2021
Judge Torres denied the
request without prejudice:
"ORDER - Defendant Brian
Kolfage moves for an order
modifying the post-indictment
restraining order issued on
August 24, 2020, which
prohibits the transfer of
certain funds involved in his
charged offenses (the
"Restraining Order"), ECF No.
64. Alternatively, he requests
a hearing to challenge the
Courts finding that there was
probable cause for the
issuance of the Restraining
Order, ECF No. 77. For the
reasons stated below,
Kolfage's motions are DENIED
without prejudice. By May 19,
2021, Kolfage may submit
evidence demonstrating that he
meets the threshold for a
Monsanto hearing, along with a
motion to seal the affidavit
from the public if desired....
By May 19, 2021, Kolfage may
submit evidence demonstrating
that he meets the threshold
for a Monsanto hearing, along
with a motion to seal the
affidavit from the public if
desired."
On May 6, "LETTER
by USA as to Brian Kolfage
addressed to Judge Analisa
Torres from Assistant United
States Attorney Robert B.
Sobelman dated May 6, 2021 re:
United States v. Brian G.
Kolfage, 21 Cr. 29 (MCR) (N.D.
Fla.) Document filed by USA.
(Sobelman, Robert)." The
charges are "tax related."
On July 21, 2021,
Judge Torres held a proceeding
leading up to a trial
scheduled for November 15.
Inner City Press live tweeted
it here:
Assistant US
Attorney reports on discovery
and says, "Let's set a motion
schedule." Judge Torres: Mr
Steinberg (represents
Kolfage), do you plan motions?
Steinberg: We ask
for 60 days after the last
drop of discovery. Judge
Torres: That's an awfully long
period of time.
AUSA Roos:
The government's view is that
the remaining materials should
not delay a motion schedule.
The defendants already have
the search warrants, and can
make suppression motions; they
have the indictment and can
make motions to dismiss.
AUSA Roos:
The proposal by counsel for
Mr. Kolfaaage would delay the
trial. Steinberg: How about 45
days from today for motions?
Judge
Torres. No. That's also just
too long -- Steinberg: We are
doing back to back trials
because so many cases have
been continued
Steinberg:
We're having trials every day,
I'm on trial 4 weeks in a row,
2 trials a week. Judge
Torres: When do you start?
Steinberg: I have
two next week. Judge Torres:
When do you expect to be
finished?
Steinberg: The
state hasn't had trials in a
year.
Steinberg:
Next week I have an NFL player
who hasn't been able to play
for a year, because of no
trial.
Judge
Torres: Aug 30 for motions...
Motions in limine and voir
dire by Oct 18... We have a
Nov 15 trial date but I am not
in control, it's now 100%
certain. Judge Torres:
We are adjourned
On
February 9, 2022, with still
no trial, this: "ORDER as to
Brian Kolfage, Andrew
Badolato, Timothy Shea. The
current COVID-19 trial
protocols in place in the
Southern District of New York
do not permit the Court to
hold a three-defendant
criminal trial. The Court,
therefore, intends to hold two
separate trials in this
matter, and shall utilize the
centralized calendaring system
for jury trials to request two
trial dates for the second
quarter of 2022. Accordingly,
by February 14, 2022, at 12:00
p.m., the parties shall submit
a joint letter proposing whom
should be tried together and
whom should be tried alone."
But the COVID
situation is lift in SDNY. On
March 8, 2022: "ORDER as to
Brian Kolfage, Andrew
Badolato, Timothy Shea: On
December 7, 2021, the parties
provided their availability
for trial in the second
calendar quarter of 2022. The
Court requested a jury trial
based on the parties'
availability. The Clerk's
Office has notified the Court
that this case has been
scheduled as the primary back
up case for May 16, 2022. The
case will proceed if the
primary case does not go
forward. Moreover, because
there is a strong possibility
that multiple juries will be
selected on any given date,
this trial will likely go
forward even if the primary
case goes forward. The case
must therefore be trial ready
on May 16, 2022. As soon as
the Court confirms whether the
matter will proceed on May 16,
2022, it will inform the
parties." Watch this site.
The overall case
is US v. Kolfage et al.,
20-cr-412 (Torres).
***
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