Saturday, October 23, 2021

In US v Parnas and Kukushkin Trial Ukraine Quid Pro Quo Could Come In If Parnas Testifies

 

By Matthew Russell Lee, Patreon Order Podcast Song II

SDNY COURTHOUSE, Oct 19 - In the Lev Parnas and Andrey Kukushkin jury trial, the first witnesses testified on the afternoon of October 13. Inner City Press live tweeted it here and here. Vlog here.

On October 14, Parnas' lawyer Joseph Bondy accused the US Attorney's Office of racism, and AUSA Hagen Scotten of threatening him with or about a sidearm. Inner City Press live tweeted it here podcast here

On the morning of October 15, before the jury came in, the defense successfully argued to have the jury instructed that the Times Square "street fight / racist" video shown the day before is not relevant and is excluded. Inner City Press live tweeted it here, podcast here.

  After that, Adam Laxalt and exhibits fights, which Inner City Press live tweeted here and below. New song here.

    On October 18 to 1 pm, there was more cross examiation of Van Rensburg, and the beginning on Caroline Booth. Inner City Press live tweeted here (podcast here(vlog here)

   During the afternoon of October 18, Bondy cross examined Rep Pete Sessions' (now Liz Cheney's) staffer Caroline Boothe, mortgage broker Ross and lawyer / notary Preminger. The question of Parnas testifying arose. Inner City Press live tweeted it here.

  On the morning of October 19, an argument out of hearing of the jury about what Parnas could be cross examined about, if he testified. Inner City Press live tweeted it here (and podcast here)

now in US v. Parnas & Kukushkin, before what may be final day of US witnesses, Parnas' lawyer Bondy lists topics he'd like off-limits for cross examination if Parnas testifies, starting w/ "Ukraine quid pro quo."

Assistant US Attorney : There'd be no limitation on our use of the proffer material.  [Parnas did a long interview that did not yield any deal] 

AUSA: Judge Gardephe in Avenatti said that the underlying facts of his previous cases could be raised.

 Judge Oetken: Did Judge Gardephe address the 5th Amendment / self - incrimination aspect of it?

AUSA : I don't think so. A defendant does not have a 5th amendment privilege when he takes the witness stand, at least on matters your Honor says are appropriate

AUSA: We would intend to get into Ukraine quid pro quo, and Firtash. Biden smear campaign, not so much.

Judge Oetken: Mr. Bondy, what do you mean about Ukraine quid pro quo? Bondy: What President Trump said on the phone. The launching of a political probe

Bondy: I know Mr. Avenatti also has a case in California. AUSA Roos:  Your Honor can cut us off if you think we are baiting him. Mr. Bondy seems to be saying if the jury is allowed to hear these thing they won't believe him...

 Judge Oetken: It seems to me that Fraud Guaranty would go to credibility. I think what Judge Gardephe did [in Avenatti] was right - you can't ask about the indictment, but yes the underlying acts. Bondy: Mr. Avenatti did not testify...

 AUSA Hagen "Sidearm" Scotten: I don't think Mr. Parnas would be cross examined any earlier than this afternoon, so we have time to look into this. Bondy: Why would Firtash come up? It's very prejudicial and has nothing to do with the charges in this case.

 Bondy: The Biden smear campaign? AUSA: We're not going to get into it. Bondy: The Ukraine quid pro quo is high inflammatory and propertly excluded under 403.

AUSA: Mr. Parnas went on TV and discussed it, how he proposed deals to politicians AUSA: Anderson Cooper asked Parnas, You proposed two quid pro quos to Ukrainian politicians. And Parnas said yes. We won't ask who the politicians were.

Judge Oetken: How does this go to truthfulness?

AUSA: Bribery or quid pro quo always goes to truthfulness.

Bondy: If it's going to come in, I'm going to tell the whole story on direct. It involved Donald Trump, Mike Pence, Rick Perry, Rudy Giuliani... 

AUSA: You can't create your own prejudice --

Bondy: Just because it's said on TV doesn't make it admissible

 AUSA: You can't say I want to draw the sting and then say it is unfairly prejudicial. If Mr Bondy's clients wants to say he engaged in quid pro quo. If the Court says no Giuliani, and the Court said it's inappropriate, we'll object --

 Bondy: I've spoke with attorneys for Mr. Ahearn. He'll be at their office by 1 pm. I intend to put him on the witness stand. It will bring us to the end of the day. AUSA: We should be told today if Mr. Parnas will testify

Bondy: I made the argument that Mr. Parnas was courageous, in bringing the cannabis issue to Mr. Trump who is not predisposed for it. I didn't call it patriotic. And Mr. Scotten never brought it up at our conference afterward.

Judge Oetken: I'm going to stick to my ruling.  Let's bring the jury in now, and continues with [forensic accountant] Ms. Espinosa.



On October 11 Kukushkin asked to exclude a slew of Government Exhibits, full 8-page letter on Patreon here.

On October 5 Judge Oetken held the final pre-trial conference in advance of October 12 jury selection. Inner City Press live tweeted it here and below (podcast here)

Late on October 7 the US Attorney's Office has written to Judge Oetken seeking rulings in advance to admit exhibits including "The Inaugural Committee Articles, the FEC Complaint Article, the Time cover, and the Russian Roots Emails." Full letter on Patreon here. And now, song here.

On September 10, Igor "The Glue" Fruman pleaded guilty. Inner City Press live tweeted it here (with vlog; podcast here)

The case is US v. Parnas, et al., 19-cr-00725 (Oetken).

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