By Matthew Russell Lee, Light Reading, Patreon
SDNY COURTHOUSE, Nov 23 – The two week trial against the proposed T-Mobile / Sprint merger ended on December 20, 2019 before U.S. District Court for the Southern District of New York Judge Victor Marrero. There were papers due January 8, and a final four hour argument on January 15. Inner City Press began what will be a trial-long live-tweet, here. Day 7 Patreon here.
On July 25, 2022 the SDNY prosecutors unsealed an indictment of ex Rep Stephen Buyer for illegal trading on the merger. They scheduled an 11:30 am press conference which Inner City Press went to attend with smart phone to live stream.
On July 27, Buyer accompanied by his wife was in Courtroom 17B of 500 Pearl Street to be arraigned. Inner City Press live tweeted it here.
On August 31, Judge Richard M. Berman held a US v. Buyer proceeding, ranging from the so-called filter team to trial dates, most likely in February 2023. Inner City Press live tweeted here:
Assistant US Attorney: We are producing discovery, including early Jencks Act material. Still outstanding are the laptop computer that was seized from the defendant under a search warrant. We've produced the entire contents, but not the responsive set
AUSA: There's an issue with the format in which the laptop was initially imaged. And, the files will need to be subjected to a filter review. We've conferred with the defense about conducting the filter. There are outstanding subpoena returns
AUSA: We've had preliminary discussions about when to hold a trial. Defense hasn't yet told us when they'd be prepared to file motions. Judge Richard Berman: Let's hear from the defense. Buyer's lawyer: On the laptop, we want to talk to the filter team leader
AUSA: The role of the filter team is to go into data sets & segregate out the materials that are search term hits for potentially privileged communications. Talking about the screen is done with the prosecutors, not the filter team, it would be inefficient for her
AUSA: We understand that Mr. Alonso wants to speak to her. He has proposed to us some search terms and we've passed them along or will do so shortly. But we don't understand why we should put defense counsel into direct contact with the filter team.
Judge Berman: I'll give you the last oral world, Mr. Alonso. Alonso: We talk to DOJ filter teams all the time. I'm in touch with one in DC right now. We have serious questions in this case whether the filter team has the same view. We'd like to reduce wear n' tear
Judge Berman: You can send me a 2 page letter, Mr. Alonso. I'll give you my determination by memo endorsement. By when? Alonso: Friday. Judge Berman: Noon? Alonso: End of business, if possible. Judge Berman: 5 pm. US response Tuesday at noon.
Alonso: I have another issue. The US gave us 3 sets of warrants. I don't know if the first set involve the filter team? AUSA: My understanding is that a filter team was involved. But the Internet service provider warrant were when the investigation was covert.
2d Defense counsel: We'd like a trial just after Thanksgiving. Judge Berman: That's not going to work for the Court. We have a big trial. We're looking at February. That's going to be the best I can do, I think.
2d Defense counsel: If your other case breaks down, we could give you January dates. In February, I cannot do it before the 20th. Once we have the trial date we can work backwards on a schedule. Judge Berman: Always helpful to have the dates.
Next is Wednesday, Dec 7 at 11 am. Defense: We prefer in-person. Judge Berman: I'll try. AUSA: If you can make an oral finding under the CARES Act?
Judge Berman: I'm making that finding now. I got an email this morning for a ceremonial proceeding in the courthouse with respect to one of our learned colleagues. There's a discussion of testing and masks and social distancing. So it's still an issue..
AUSA: Any date after Feb 20 is fine with us. Nov was a problem for us, but it is for the court as well. Our case would be two weeks or more. Defense: Three weeks total, assuming the US doesn't take up much of the 3d week. AUSA: Let's exclude Speedy Trial Act time
Judge Berman: I'm going to grant that application. I think that's it. Adjourned.
On November 23, Judge Berman ruled on a discovery dispute and concluded, "Cut it up" - "MEMO ENDORSEMENT as to Stephen Buyer (1) on [40] LETTER MOTION addressed to Judge Richard M. Berman from Daniel R. Alonso dated November 18, 2022 re: Request for permission to submit a 5-page in camera response to the 5-page letter the government submitted in camera on November 16, 2022. ENDORSEMENT: Defense may add 5 pp (double spaced) marked in camera to today's scheduled reply submission and submit both together on Friday, Nov 25 by noon. Counsel for both sides should be aware that the Court is not fond of "tit for tat"litigation. Cut it out. (Signed by Judge Richard M. Berman on 11/23/2022)."
The February 21, 2023 trial remains on the calendar. Watch this site.
This case is US v. Buyer, 22-cr-397 (Berman)
Watch @InnerCityPress.
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