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By Matthew Russell Lee, Patreon Complaint
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UN GATE, September 1 – After the Burma coup regime purported to fired its New York-based UN ambassador U Kyaw Moe Tun for his speech in New York in the usually scripted UN General Assembly, two Burmese were criminally charged with trying to kill him. One was been detained, as exclusively live tweeted by Inner City Press, here and below.

 Now on September 1, docketed in the Phyo Hein Htut case is a request for a 28 day continuance. Assistant US Attorney Nicholas S. Bradley wrote that Htut's lawyer Domenick Porco "has been engaged in preliminary discussions with the Government concerning a possible disposition of this case without trial, and these discussions are ongoing. The Government here requests that a continuance of 28 days be granted."

On August 11, 20 year-old Ye Hein Zaw, who with a Burmese interpreter got his income approved on April 6 as low enough for free counsel hired a private attorney, one who is described as a Wall Street lawyer half of whose clients are French: Matthew Galluzzo.

From the docket: "NOTICE OF ATTORNEY APPEARANCE: Matthew John Galluzzo appearing for Ye Hein Zaw. Appearance Type: Retained."

  Burmese sources consulted by Inner City Press wondered aloud if the Thai arms merchant in the Complaint, or allies, might have any role. Inner City Press will keep covering the case, and asking UNSG Antonio Guterres' spokespeople Stephane Dujarric and Melissa Fleming, who don't answer even a law firm's pro bono letter, and Linda Thomas-Greenfield, about it.

On the afternoon of August 6 this: Criminal complaint on Inner City Press' DocumentCloud here: the arrests of PHYO HEIN HTUT and YE HEIN ZAW for conspiracy to assault and make a violent attack upon Myanmar’s Permanent Representative to the United Nations [Kyaw Moe Tun].  HTUT and ZAW were charged in two separate complaints...   Between at least in or about July 2021 through at least on or about August 5, 2021, HTUT and ZAW, citizens of Myanmar currently residing in New York, conspired to injure or kill Myanmar’s Permanent Representative to the UN.

During the conspiracy, HTUT communicated with an arms dealer in Thailand (the “Arms Dealer”) who sells weapons to the Burmese military, which overthrew Myanmar’s civilian government in or about February 2021.  In the course of those conversations, HTUT and the Arms Dealer agreed on a plan in which HTUT would hire attackers to hurt the Ambassador in an attempt to force the Ambassador to step down from his post.  If the Ambassador did not step down, then the Arms Dealer proposed that the attackers hired by HTUT would kill the Ambassador.          

      Shortly after agreeing on the plan, ZAW contacted HTUT by cellphone and transferred approximately $4,000 to HTUT through a money transfer app as an advance payment on the plot to attack the Ambassador.  Later, during a recorded phone conversation with ZAW, HTUT discussed how the planned attackers would require an additional $1,000 to conduct the attack on the Ambassador in Westchester County, and for an additional payment the attackers could, in substance, “finish off” the Ambassador.  In response, ZAW agreed, in substance, to pay the additional $1,000 and to try to obtain the additional money.

 Inner City Press managed to find and live tweet the presentment of Zaw, here:

OK - now criminal presentment for attempt to kill Burma's UN Ambassador of PHYO HEIN HTUT & YE HEIN ZAW before  @SDNYLIVE  Magistrate Judge Andrew E. Krause. Inner City Press has reported it (even as banned from UN by SG  @AntonioGuterres ) and will live tweet below

 Zaw has a Burmese interpreter, a Mr. Leong - certified in California but not New York. He's being sworn in by Judge Krause. No one objects.

 Judge: This is an initial appearance, to determine if bail may be set. You have the right to remain silent, any statement that you do make may be used against you. Do you understand? Zaw (though interpreter) Yes

 Zaw is applying for a public defender, paid by US taxpayers. Judge: Do you have funds behind that set forth in this affidavit?

Judge: Mr. Zaw, you are entitled to have the consulate of Myanmar visit you. [Note: which consulate? There's a dispute who represents the country here, post-coup] Zaw: Please notify them later, when it become necessary, your Honor.

Zaw: I am 20 years old. Judge Krause: Have you taken any drugs or alcohol in the past 24 hours? Zaw: No.  Defense: We are not making a bail application today. [So Zaw will be detained - where? MCC? Valhalla?]

Assistant US Attorney: Defendant was arrested yesterday at 1 pm. He was not able to be presented until today. Judge Krause: We had to locate an interpreter. Then he wasn't available until after 3 pm today...

Judge Krause: Mr. Zaw, you are charged with participating in a conspiracy. Have you reviewed the complaint with the interpreter? Yes. Public reading of the complaint waived.

 Zaw wants a copy of the Complaint translated into Burmese. He doesn't have it yet. Judge Krause: It may take a few days. Preliminary hearing on September 1 - but might not happen, if there is an indictment by the grand jury.

Judge Krause: Would the government be seeking detention? AUSA: Yes. As an extreme risk of flight. Judge Krause: Mr. Zaw will be detained.

At the UN, SG Guterres removed Burma's or Myanmar's army from the UN "list of shame" for recruiting and using child soldiers, despite more than 200 cases. Emboldened by corrupt Guterres, they are recruiting and using even more. Now a call for Guterres, trying to steal a second term, to reinstate them on the list - but from a group which seems to join Guterres in banning Inner City Press from (its) press conference.

Meanwhile India, president of the Security Council for August, has no meeting on Burma and Ambassador Tirumurti refused Inner City Press written questions, here.

This case is US v. Zaw, 21-mj-7759 (Unassigned)

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