| Steve Bannon Has May 2021
Trial Date Now Tim Shea Wants Transfer To
Colorado
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Nov 5 –
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.
On August
31, 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.
Now on
November 5, co-defendant Tim
Shea has asked for a transfer
to Colorado: "PLEASE TAKE
NOTICE, that upon the
accompanying papers, any
exhibits attached thereto, and
upon proceedings heretofore
had, Timothy Shea, by his
attorneys, John Meringolo
Esq., will move this Court,
before the Honorable Analisa
Torres, in the United States
District Court for the
Southern District of New York,
for an Order granting Mr.
Shea’s motion to transfer
venue of this proceeding to
the United States District
Court of Colorado and any
other relief the Court deems
just and proper. Dated:
November 5, 2020 New York,
NY." Watch this site.
Now in
September, a protective order
in the case with this: "The
parties, the parties’ counsel,
and Designated Persons shall
not disclose Protected
Materials to members of the
media, nor shall the parties,
the parties’ counsel, and
Designated Persons post any
Protected Materials on any
Internet or network site (such
as Facebook, Twitter,
Instagram, and other social
networking and media sites and
applications) to which persons
other than the parties, the
parties’ counsel, and
Designated Persons have
access." The US Attorney's
Office is asking for his more
and more - even in a case
about a man falsely calling
9-1-1. It should not stand.
William Burck,
Allison McGuire and Daniel
Koffman for Bannon and
finally, after unmuting,
Maringolo for Tim Shea.
Judge Analisa
Torres: Good afternoon. [Asks
Kolfage's lawyer to come out
from the darkness - has light
behind him]
Bannon has
already been arraigned, but
other three have not. Judge
Torres asks, "Have you been
provided with the indictment?"
Kolfage: Yes. Badalato: Yes.
Shea: Yes. None of them want
indictment read out loud in
court. Kolfage: Not guilty.
Badalato: Not guilty.
AUSA Moe: For Mr.
Kolfage we propose $500,000
bond... & prohibition
against raise funds for We
Built The Wall. No guns.
Badalato & Shea: $250,000
bond each, no contact with No
Build the Wall-ers except for
wife. Judge Torres warns
condition must be complied
with
Judge
Torres: We need to pick a
trial date. Here in SDNY we
have only a few courtrooms
prepared for COVID pandemic.
May 24, 2021 is the day I'd
like to set. [Pause]. I
haven't heard objections, so
that's the date. Please tell
me about discovery.
AUSA Moe:
We intend to seek a protective
order before providing
discovery, given the sensitive
nature of the material. We
will then provide search
warrants and returns, a
January search warrant for
emails, all within 3 weeks
after the protective order.
Judge Torres: I'm
going to expect protective
order by Sept 8, and first
wave of discovery by Sept 29.
AUSA Moe: In July
and August we requested more
emails, and devices. We
haven't seen it all yet. We'll
then provide it, on a rolling
basis.
Judge
Torres: All by Oct 30? AUSA
Moe: We don't know which
devises we'll be able get
into. We can do status
letters. Judge Torres: So
status conference on Oct 26 at
1 pm. And yes, I would like to
hear about discovery. Now I'll
turn to Mr. Kolfage's social
media.
Judge Torres: Let
me give you an example of
statements lawyers in cases
here can't make: statements
about past criminal record, or
refusal or failure of the
accused to make any
statement. If public
statements by the defendants,
Local Rule 23.1 allows me to
rule
Judge Torres: If
any party in this case makes
statements that could
prejudice a jury, I will issue
such a statement. Do you
understand, Mr. Kolfage? Yes.
Mr Bannon: Yes... Kolfage's
lawyer: By definition 23.1
does not apply to defendants
unless you hold a hearing
Kolfage's lawyer
cites US v. Gotti, 2004 case.
"The government issued a press
release, approved by the US
Attorney herself, she says he
'used the funds for his lavish
lifestyle.' That has nothing
to do with the case. It
violates Number 7. He's called
a fraudster
Kolfage's
lawyer: The US violated the
rule, they are being repeated
by the press. It reminds me of
the bully who picks on the
weakest then when hit back,
bully runs to the teacher.
Rule 23 doesn't apply to
defendants. Under 1(h) you'd
have to hold a hearing.
Kolfage's lawyer:
I have not help my client
craft any statements. But we
can't have the US calling my
client a fraudster, and when
he replies, they come and
complain. Judge Torres: I'll
hear from the US. AUSA Moe:
We're not asking for an order
at this time.
AUSA Moe:
Our press release was standard
and commonplace in this
District. We did not hold a
press conference. What
troubles us is defendant's
statement to witnesses &
donors telling them the
government will target them.
AUSA Moe:
We have raised to Mr. Bannon's
lawyer there may be a conflict
of interest with his lawyer at
Quinn Emanuel, which
previously represented We
Build The Wall. We may ask for
a Curcio hearing.
Bannon's lawyer:
2 lawyers at our firm did some
work for We Build the Wall,
six & eight hours, by
people not on the trial team.
We would not object to a
Curcio hearing. We don't think
it's a significant issue.
Judge Torres:
Time is excluded under Speedy
Trial Act. This bring our
conference to a close. I wish
you all good health.
Adjourned.
The U.S.
Attorney's Office
announced "the unsealing of an
indictment charging BRIAN
KOLFAGE, STEPHEN BANNON,
ANDREW BADOLATO, and TIMOTHY
SHEA for their roles in
defrauding hundreds of
thousands of donors in
connection with an online
crowdfunding campaign known as
“We Build the Wall” that
raised more than $25
million. The defendants
were arrested this
morning. KOLFAGE will be
presented today before U.S.
Magistrate Judge Hope T.
Cannon in the Northern
District of Florida.
BANNON will be presented today
in the Southern District of
New York. BADOLATO will
be presented today before U.S.
Magistrate Judge Thomas Wilson
in the Middle District of
Florida. SHEA will be
presented today before U.S.
Magistrate Judge Kristen L.
Mix in the District of
Colorado. The case is
assigned to U.S. District
Judge Analisa Torres in the
Southern District of New
York."
At 4 pm
Bannon in a mask had a
presentment and arraignment in
before on-duty SDNY Magistrate
Judge Stewart D. Aaron. Inner
City Press live tweeted it:
Appearances:
Bannon is represented by Quinn
Emanuel. Mag Judge Aaron is in
black robe. AUSAs Roos and Moe
"for the US."
Judge Aaron: When
was defendant arrested?
AUSA: On a yacht
off the coast of Connecticut
this morning.
Judge: We may
have a bail hearing until a
package has been agreed
to. [Without irony:] If you
are not a citizen you have of
the right to notification of
the consulate
Judge: Is your
client prepared to enter a
plea? Defense lawyer: Not
guilty.
Judge:
Bail, detention or release?
AUSA Roos: We
have an agreement on release.
I'll read the conditions. A
bond in the amount of $5
million secured by $1.75
million in cash or real
property ...two
financial responsible
co-signers. Travel restricted
to SDNY and EDNY; DC, Maryland
and the EDVA, and CT for work.
No international travel. No
private planes or yachts
without permission. No contact
with We Built The Wall except
with counsel.
AUSA: No raising
money for We Built The Wall or
moving its money. Release
today with whatever time to
comply.
Judge
Aaron: I usually set a week.
Defense?
William Burck for
Mr Bannon: We would ask for 2
week because COVID situation
is unclear.
Judge: Seems
reasonable. US objection?
AUSA: No.
Judge Aaron: I've
reviewed pre-trial services
report and find these
conditions reasonably assure
his return for future court
appearances. I approve. Has
Judge Torres set any
conference date?
AUSA: Aug 31, 1
pm
AUSA: We have put
a notice on our website for
victims. And we believe the
defense may have a conflict of
interest.
Judge Aaron: You
do not need to give me the
specifics at this point. We
are adjourned.
The overall case
is US v. Kolfage et al.,
20-cr-412 (Torres).
***
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