By Matthew Russell Lee, more on Patreon here
SDNY COURTHOUSE, Jan 12 – The case concerning House of Representatives committees' subpoenas to Deutsche Bank for Donald J. Trump related records will continue, with a status letter due April 13, it emerged on January 12. There was a status conference before U.S. District Court for the Southern District of New York Judge Edgardo Ramos and Inner City Press live tweeted it, here:
Judge Ramos asks, with new Congress, if case is moot.
House of Rep lawyer Doug Letter: The Committees are going to continue, with subpoenas and this case. The subpoenas will come with statements as to why they are continuing to seek the information that is at issue here.
Judge Ramos: I read that the House withdrew its subpoena to Capital One, and narrowed the subpoena to Deutsche Bank. Did that happen?
Letter: Capital One is out. But we told the 2d Circuit, cc-ed the Trump lawyers, that we would narrow the Deutsche Bank subpoenas
Judge Ramos: When will the new subpoenas be issued? Doug Letter: The others ended, the new ones will be very soon. The Committees are working on the statements. Soon. Judge Ramos: By soon?
Doug Letter: We've had some things going on in the Capitol recently... Inner City Press @innercitypress · 8m Judge Ramos: What should we plan on doing?
Doug Letter: As soon as the subpoenas are reissued, the parties should get 14 days to submit a plan how the case should go forward. We think the issues will be legal ones. We'll suggest a briefing schedule.
Judge Ramos: Mr Strawbridge? What seems reasonable to me.
Trump lawyer Patrick Strawbridge: Than it does to us as well. Judge Ramos: & Deutsche Bank?
DB: We'll be ready. Judge Ramos: OK, I'll wait for the new subpoenas, then on consent a proposed briefing schedule.
Judge Ramos: Deutsche Bank is going to have to be an important player if this case goes forward. I'll await the new subpoenas. A status letter within three months, mid April. Ms. Rivera? Deputy Rivera: April 13. Judge Ramos: We are adjourned.
Back on May 2019, Judge Ramos asked the two banks' four lawyers if they wanted to speak. They did not. This even as House counsel Patrick Strawbridge detailed Deutsche Bank's long history with money laundering (and theft during the Holocaust, which didn't come up). Capital One is a rough, too, on predatory auto lending and the Community Reinvestment Act. But the banks lay low.
Now under Judge Ramos' 25-page ruling, which he read out over the course of 40 minutes in his courtroom 618 at 40 Foley Square, the banks become required to respond to the subpoenas in seven days, on May 29. That's the time during which the House has agreed not to enforce the subpoena, and the time during which Trump's lawyers seem certain to file an appeal and ask again for a stay from the Second Circuit Count of Appeals higher up, in both senses, in 40 Foley Square.
After Judge Ramos' ruling Inner City Press sought left the cramped jury box and found itself in the elevator with Patrick Strawbridge and his colleagues. They quickly got off, but not uncivilly when compared, for example, to a recent organized crime scion leaving the SDNY Magistrates Court on the fifth floor of 500 Pearl Street.
Later still on the steps outside the courthouse, Inner City Press asked Strawbridge how fast he would appeal. It's hard to say with these things, he replied. But an appeal seems certain.
During the proceeding, three protesters stood up holding signs like "Congress Has A Right To Know." But they did not speak, and sat when Judge Ramos asked them too. They were not asked to leave the courtroom, even during the 10 minute break Judge Ramos took to finalize his clearly already mostly drafted decision. After the final courthouse steps brief Q&A with Strawbridge there was some confusion about the Press' right to re-enter. We may have more on this, but also we may not. The rule of law, even amid a few hiccups, is more often that not vindicated in the SDNY. And in the Second Circuit? Watch this site.
Earlier in the May in the SDNY, Congressman Christopher Collins (R-NY) waived his right to be present for a May 3 hearing in the criminal insider trading case against him held past 5 pm in the SDNY courtroom of Judge Vernon S. Broderick. On May 10, Judge Broderick started on l'affaire Collins at 2 pm, after a case against BuzzFeed (Inner City Press coverage here). Early in the proceeding, before two shackled inmates were led in leading to a brief suspension of the white shoe SEC Congressman matter, Broderick made a joke about Donald Trump and evasive legal moves. I'm not going there, said one of the participants in Collins, who was an early endorser of Trump. Broderick said, "I should have either - but it is what it is."
Three hours later, during which Inner City Press in full disclosure went one story down in the courthouse to cover a Fatico hearing about threats in the MCC, Judge Broderick was setting the time for Collins' lawyers to make motions. He arrived on four weeks after he rules on discovery, with the SEC to provide whatever he directs to the defense one week after the ruling. I'm not saying you're going to get anything, Judge Broderick said. Collins' lead lawyer said he is a optimist. More on Patreon; watch this site.
Collins' team of lawyers have made a slew of suggestions to Judge Broderick on what discovery to seek from the U.S. Attorney's office, from communications with the SEC to information about real estate, Cameron Collins and Lauren Zarsky and their sales of Immunotherapeutics stock after MIS416, aimed at secondary multiple sclerosis, failed the Drug Trial and Rep Collins made his calls from the White House Congressional picnic.
On May 3 Judge Broderick was urging wide disclosure by the government, whether characterized as 3500 material or under Brady or Giglio. The notes to be produced, he said, didn't have to been entirely contemporaneous. He had a series of questions for the U.S. Attorney which he did not get through as it approached 6 p.m. and his courtroom deputy had gone for the day.
Collins' lead lawyer from BakerHostetler, Jonathan R. Barr, directed Broderick to a decision by SDNY Judge Jed Rakoff during the Gumpta case, and Broderick said that he would read it. He confessed he had himself looked up applicable cases on Westlaw, adding that he might have missed some cases. This case is USA v. Collins, et al., 18-cr-00567 (VSB). More on Patreon, here.
Judge Broderick told Collins' lawyers to expect to come back in a week's time on Friday, May 10. One of them said he would only be returning to the United States that morning; another said that he then would be leaving for the same place his colleague had been: Argentina.
Thus is big money, and big politics, law done in the SDNY.
One story down and just two days before but as if in another universe on May 1 defendant Jesus Lopez walked into the SDNY courtroom of Judge Valerie E. Caproni to be sentenced on May 1 for driving 10 kilograms of cocaine from California to New York.
He was wearing a suit; he had been allowed out on bond while awaiting sentencing due to his mother having Stage Four cancer. Before the sentencing he uploaded a video directed at Judge Caproni but still online as of this writing on Vimeo, here.
The courtroom was full, with two U.S. Marshals in the back row, and the two front rows, Inner City Press was later informed by a participant in the proceeding, filled by judges from China. Lopez' lawyer Jeff Greco argued in his sentencing submission for time served, essentially one month.
But Judge Caproni, after asking Assistant U.S. Attorney Nathan Rhen why the government wasn't seeking forfeiture of the truck Lopez used to drive the drugs - "there's a lot of equity in there," she said -- looked sternly at Lopez.
Judge Caproni was not impressed by Lopez' statement that he took drugs because he was bored, that boredom was one of his triggers. She said she did not believe that he had only agreed to drive the drugs in order to feed his own habit. First she sentenced him to 60 month, five years, in prison.
Then as the U.S. Marshals rustled in the row behind Inner City Press, she said she would be remanding Lopex into custody today. Right now. Her courtroom deputy handed the Marshals an order to that effect.
Defense attorney Greco said that Lopez' mother could die at any time, and that the Bureau of Prisons would be unlikely to let him out to attend her funeral. Judge Caproni said there was no way to know when his mother would die, and that she had allowed him to remain out on bond pending sentencing so he could spent time with her. The Chinese judges sat as Jesus Lopez took his wallet out of his pants and put his hands out for shackling.
A well known courtroom artist in the SDNY has told Inner City Press about the time she managed to sketch a similar remand of a higher profile defendant, Bernie Madoff. But there was no artist present for the remand of Jesus Lopez, and cameras are not allowed - only this article. The case is U.S. v. Lopez, part of the larger conspiracy prosecution U.S. v. Soto et al., 18-cr-00282 (Caproni).
Notably one floor above in 40 Foley Square, a man who pled guilty to stealing $7 million in Medicare and Medicaid fraud has had his sentencing delayed for a year already, and perhaps another year, so that his wife can finish a medical residency program. That case is U.S v. Javed, 16-cr-00601-VSB. Unlike the unpublicized case of Jesus Lopez, the Office of the US Attorney for the SDNY announced the Javed sentencing to the press (but not its subsequent deferral). Click here for that story.
Which approach is the right one? How can these disparities be explained? These are among the questions that Inner City Press will be pursuing, in the SDNY. Watch this site, and the new @SDNYLIVE Twitter feed.
Background: Even in Judge Caproni's courtroom, there are more positive or lenient stories. When Todd Howe, who pled guilty in the New York State corruption case(s), came up for sentencing on April 5, Judge Caproni was told that Howe is now working more than 12 hours a day in Idaho, on ski slopes and now a golf course. After his guilty plea he had been remanded to the Metropolitan Correctional Center when he disputed to Capital One some credit card charges and the government believed it to be another attempted fraud.
With him out of MCC for seven months, Judge Caproni said it may have just been a mistake. She put off sentencing Howe, instead putting him on five years probation. If he "stays clean" during that time, it all goes away. If not, he faces serious time.
In the elevator down after Howe's lawyer, in what she called her last criminal sentencing, said Howe still respects government service after his lobbying career meltdown, Inner City Press asked Howe what he thought for example of congestion pricing. He laughed and said it is not needed in Idaho. Meanwhile a shackled prisoner Jones was led into Judge Caproni's now empty courtroom to plead guilty to selling crack in The Bronx and hiding a gun after a 1999 felony conviction. That sentencing is set for August 1. Inner City Press and @SDNYLIVE will be there.
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