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SDNY COURTHOUSE, Feb 10 – 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, 2022: "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."

That remains the date, courtroom undetermined. And now, defense meeting room(s) undetermined. On January 14 Judge Gardephe ordered: "ENDORSED LETTER as to Alexei Saab addressed to Judge Paul G. Gardephe from AUSAs Samuel Adelsberg, Jason A. Richman dated January 12, 2022 re: The Government respectfully writes to update the Court on (1) the defendant's access to counsel and materials provided by the Government in advance of trial and (2) the Government's understanding as to potentially available trial dates in the first quarter of 2022. ENDORSEMENT: Trial will proceed as scheduled in the Court's previous order. (See Dkt. No. 167) At the pretrial conference on January 5, 2022, defense counsel indicated that they were not willing to meet with the Defendant in the room in the courthouse previously made available by the Court. (See Dkt. No. 168 at 27-28) At this time, that is the only location that the Court is able to make available. If defense counsel would like to schedule future meetings at that location while in-person visits at the MDC are unavailable, counsel may contact the Court to arrange such meetings. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/14/2022)."

On February 10, Judge Gardephe ruled "MEMO ENDORSEMENT as to Alexei Saab on re: [173] LETTER by USA as to Alexei Saab addressed to Judge Paul G. Gardephe from Sam Adelsberg dated 2/9/22 re: Defendant's Access to 3500 and Trial Date. ENDORSEMENT: As the parties know, this Court has not received approval to try this case on April 18, 2022 on any other date in the second quarter of 2022, nonetheless, in light of the years Defendant has spent in pretrial detention, this Court intends to proceed to trial on the earliest date a Courtroom is available. Accordingly, to the extent that the application is to adjourn trial to June 27, 2022, the application is denied."

On March 11, a date was announced: "ORDER as to Alexei Saab. The Court has received confirmation that a pandemic-approved courtroom will be available for the trial of this matter beginning on April 20, 2022. The Court will use a jury questionnaire as part of the jury selection process. The questionnaire will be distributed to the venire on April 20, 2022 at approximately 10:15 a.m. in the Jury Assembly room in 500 Pearl Street. The Court will distribute copies of the completed jury questionnaires to the parties that same day. The Court will convene later that afternoon to discuss the completed questionnaires with the parties and determine whether certain members of the venire should be dismissed for cause based on their responses to the questionnaire. Voir dire will resume on April 21, 2022 at 9:30 a.m. in the Jury Assembly room in 500 Pearl Street. A final pre-trial conference will take place on April 18, 2022 at 2:00 p.m." Watch this site.

   Back on December 20 the US filed its motions in limine including that Hezbollah related materials on Saab's electronic device should be admitted. Then there is a redacted argument IV under III about Saab's expert.

On January 5, this: "ORDER as to Alexei Saab. For the reasons stated at today's conference, the trial date in this matter is adjourned to April 18, 2022. As discussed at today's conference, the adjourned date is subject to COVID-compliant courtroom availability. Assuming courtroom availability, a jury questionnaire will be distributed to the venire on April 18, 2022, and a traditional voir dire will proceed on April 19, 2022. The parties will submit a joint letter by January 12, 2022, informing the Courtwhat steps have been taken to ensure that defense counsel can review Section 3500 material with the Defendant and otherwise consult with the Defendant in preparation for trial. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/5/22)." Watch this site.

  On November 8, Saab's lawyer wrote 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 like US v. Ghislaine Maxwell proceed, still without any listen-only call-in phone lines, amid COVID and the Delta variant.

 On November 12, Judge Gardephe reaffirmed the trial date: "MEMO ENDORSEMENT [129] LETTER MOTION addressed to Judge Paul G. Gardephe from Marlon G. Kirton, Esq. dated November 8, 2021 re: Trial Schedule... ENDORSEMENT...The application is denied. Trial will remain scheduled for January 10, 2022, and all pretrial deadlines remain in effect. An order is forthcoming that will resolve the outstanding pretrial motions (Signed by Judge Paul G. Gardephe on 11/12/21)."

On November 29, Saab's lawyer wrote again to Judge Gardephe, asking for an extensions because filing motions in limine would be difficult if not impossible given the number of issues outstanding. The letter attaches a transcript for the proposition that Saab has the right to fully brief any and all Section 4 CIPA issues.

On December 10, Judge Gardephe denied Saab's motions in limine and then issued this: "The application is denied. In an opinion issued today, the Court has addressed the Defendant's pretrial motions. The Court will address the Government's application pursuant to CIPA Section 4 in a separate order. As the Court stated on the record at the September 18, 2020 conference, the defense will have an opportunity to respond to that order if the defense deems it necessary. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/10/2021)." 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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