Friday, May 17, 2024

In Sen Menendez Trial US Cites Egypt Halal Beef Liver Monopoly and Bob Calling for Hana


by Matthew Russell Lee

SDNY COURTHOUSE, May 17 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars, Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and his wife Nadine Arslanian. This scoop was true.

Later a superseder was unveiled, including charges of bribes to act for Qatar...

On April 11, 2024 after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread

On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.

But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread

On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.

On May 14 jury selection continued but was not yet completed, from the ending, thread

Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here

Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).

  On May 17, after video of Nadine's and Bob's closets and a backtrack by the agent who ran the search, testimony turned to the Egypt halal beef liver monopoly Menendez inquired with USDA for for Hana. Thread here. On his way out, Menendez cited the FBI agent's reversal, but nothing on beef liver or ties.

More on X for Subscribers here & Substack here

The case is US v. Menendez, et al., 23-cr-490 (Stein)

More on Substack here

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Defenders of Congestion Pricing Say Plaintiffs Too Late and Environmental Justice Is Not Law


by Matthew Russell Lee, Patreon Book Substack


SDNY COURTHOUSE, May 17 –  Lawsuits against New York City's congestion pricing plan were heard on May 17 by U.S. District Court for the Southern District of New York Judge Lewis J. Liman. Inner City Press was there and live tweeted. Thread:


Judge Liman: what assurance are there? If a state decided we want to sell off land to generate money for mining, you're not required to consider the alternate of selling half or a quarter?  Federal Highway Administration lawyer: Right. Often only the project itself is considered. 


 Judge Liman: We know that from time to time the people who administer the highway increase the toll, or change the lanes - changes can happen that would impact traffic flows. Is that re-evaluated?  Federal Highway Administration lawyer: It's flexible... Battery Park City was assessed - four of the 102 intersections, we find no adverse impact on West Street. Plaintiffs focus on Tolling Scenario A, that it would push more traffic diversions to the Holland Tunnel


  Judge Liman: Are you saying the diversion would be rare?  FHA lawyer: More than on other scenarios. COVID resulted in less traffic, now there's more  Now MTA lawyer: The NYC area has the worst congestion in the country, despite having the most extensive public transportation system. This program will benefit the CBD [Central Business District]


Judge Liman: It will increase traffic in some areas? MTA: That's true MTA lawyer: The Battery Park City plaintiff brought a NEPA lawsuit pro se. Then after the statute of limitation other plaintiffs joined, claims related to other areas of the city. They claim they relate-back, it's an indefinite snowball Judge Liman: See Rule 15


Judge Lewis

                        Liman by Elizabeth Williams courtesy to Inner

                        City Press

Judge Lewis J. Liman by elizabethwilliamstudio.com courtesy to Inner City Press

   Judge Liman: If I decide that the appropriate remedy is a remand to the agency for further analysis - it's not infinite. I might rule, you have to do an EIS before the project - that could provide redress.


MTA lawyer: Let me switch to standing  MTA: The Battery Park City residents would actually benefit. Increased traffic on West Street is completely speculative. There is no concrete injury.... Battery Park City is not an environmental justice community.  


MTA lawyer: Plaintiffs can't show timely comments on the EA- Judge Liman: The Public Citizen case is not on point here MTA lawyer: I agree, that was not about late submission. But its holding does mean the plaintiff have to frame their comments for the agency 


Judge Liman: They are saying, We have standing and the agency did not respond. The litigator does not have to be the commentator. Do you dispute it?


MTA lawyer: Their forfeited their issues. They couldn't have relied on others comments, since they couldn't see them  MTA lawyer: In terms of environmental justice, it's not a statutory component of NEPA. Plaintiffs have not challenged mitigation of strictly environmental issues. EJ is a different standard. The mitigation is sufficient.


MTA lawyer: Environmental justice is not statutory, it's just an Executive Order. Judge Liman: So it's not subject to APA review? MTA lawyer: No, the majority of circuit say it's subject to arbitrary and capricious review. "Institutional racism et cetera" Judge Liman: We're back. Defendants first.


 AUSA: I'm counsel for the Federal Defendants: the first claim is time barred. The second, the NEPA failure to supplement claim is not ripe yet.  


 Inner City Press will report the results - including in the New Jersey case(s)




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Trump Trial Fixer Book Has Blow by Blow of Michael Cohen on the Cross Now Verdict Next


Patreon Book Substack

100 CENTRE ST COURT, May 16 - In the Trump trial on Thursday after three days of testimony by Michael Cohen, a ebook and audiobook was published of what was said, and more: "Trump Trial: The Fixer," by Matthew Russell Lee, here

   It includes, "In the Trump Trial, Michael Cohen's second day of cross examination heated up just before lunchtime. Trump's lawyer Todd Blanche, who had been looping around for some time, zeroed in on fourteen minutes on October 4, 2016.

 It was just past 8 pm on that day that Cohen testified he had texted and then called Trump's body guard Keith Schiller, to tell Trump that the Stormy Daniels matter had been taken care of. The call, the record of which was put into evidence by the prosecutors, was one minute and thirty-six second long.

   Blanche turned the clock back a quarter of an hour. He got Cohen to acknowledge or remember - depending on one's perspective; maybe just, he got Cohen to say - that Cohen had been receiving harassing calls for three days and finally the harasser forgot to block their number. 

  Cohen texted the number, that he would be turning it over to the Secret Service. He said he learned, or was told, that it was a 14-year-old.    And then he texted Keith Schiller, asking him to act on it. 

  One question arose, or was shouted: was it possible that Cohen had reached out to Keith Schiller, at same time, about the harassing 14-year-old and about having taking care of the Stormy Daniels matter?  

 Stepping back, was Cohen testifying based on documents he was given by the prosecutors, from AT&T, or from his own memory? And would or should it matter? 

 Those eager to see Trump convicted called it a sideshow; defenders of Trump would say the prosecution had selectively dropped the harassment-related items from their chart. But with Cohen admitted to having lied under oath so many other places, was it mistake to close with him?"

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In Almaty Case Felix Sater Defendants Do Not Dispute Transactions Just Release so 2 Day Trial


By Matthew Russell Lee

SDNY COURTHOUSE, May 16 –The City of Almaty in Kazakhstan is active in the U.S. District Court for the Southern District of New York, with at least two case before SDNY Magistrate Judge Katharine H. Parker.

Inner City Press has covered the litigation with Felix Sater, with another proceeding coming up on August 23, 2022.

 On August 16 in a related case, cross defendant Mukhtar Ablyazov was being described as a scoff law with some sort of asylum in France. He was, in fact, on the line; he described himself at the number one political opposition leader in Kazakhstan. His adversary chided him for using the proceeding to make political speeches.

This case is City of Almaty, Kazahkstan, et al. v. Mukhtar Ablyazov, et al., 15-cv-5345 (Koeltl / Parker)

Previously before Judge Parker, Felix Sater was asked if he remembered election day 2016 as a notable day.

  It was "a notable day for all Americans," Sater replied, smiling. Moments later when the same lawyer, Matthew Lane Schwartz of Boies Schiller Flexner LLP began a question about Sater knowing it is a felony to lie, Sater shot back, YOU know it is a felony - until Judge Parker cut it off.

  Jump cut to March 24, 2022 when Sater had filed motions to extend discovery and to join Arcanum and the Republic of Kazakhstan. Judge Parker convened the parties in her 17th floor courtroom and Inner City Press was there.

Sater's lawyer said his client had initially thought this was just a garden variety commercial case.

Judge Parker said, But it's about money laundering. Is that garden variety commercial?

 Sater's lawyer emphasized that Arcanum was hired to find dirt, and that should not be covered by sovereign immunity. It emerged Sater has filed discovery requests about Robert Mueller.

  Almaty, Kazakhstan through Boies Flexner said Sater had been on notice and it is too late. Judge Parker took the motions under advisement.

On May 9 the (re-) assigned District Judge John G. Koeltl adopted the report by Magistrate Judge Parker denying Sater's request to amend and add claims against Kazakhstan and Arcanum. Full order on Patreon here.

  Back on October 7, 2020 Judge Parker held another discovery conference in the case. Inner City Press covered it. It emerged that a September 30 deposition of Sater had to be called off when he traveled to Guyana and said he had no Internet there.

Jump cut to December 20 when District Judge John G. Koetlt to whom it was reassigned when Judge Nathan was promoted to the Second Circuit set a trial date: "ORDER: As discussed at the conference held today, the trial in this matter is scheduled for June 10, 2024, at 9:00 a.m."

On May 16 in the run-up, this: "JOINT PRETRIAL ORDER The Sater Defendants do not intend to dispute many of the arguments made regarding the underlying business transactions referenced by Plaintiffs in their complaint. The position of the Sater Defendants is that the critical point of this trial will be the validity of the release. This matter can be resolved in no more than 2 (two) days of trial. The parties do not all consent to trial of the case by the magistrate judge. The parties are continuing to discuss stipulations at this time and intend to submit any factual or evidentiary stipulations prior to trial. The Exhibits are filed as part of ECF No. 559. SO ORDERED. (Signed by Judge John G. Koeltl on 5/16/2024)."

The case is City of Almaty, Kazakhstan et al v. Sater et al., 19-cv-2645 (Koeltl / Parker).

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In Sen Menendez Trial Qatar Depositions Denied as US Cites Senate Resolution

 


by Matthew Russell Lee

SDNY COURTHOUSE, May 16 – Amid reports of investigation against Sen. Robert Menendez for taking gold bars, Inner City Press' sources on September 21 it to expect on Friday, September 22 an appearance in Federal court in Manhattan by Menendez and his wife Nadine Arslanian. This scoop was true.

Later a superseder was unveiled, including charges of bribes to act for Qatar...

On April 11, 2024 after Nadine Menendez and then the government asked for delay, to July or undefined, Judge Stein severed her case and reaffirmed May 6, Inner City Press thread

On Sunday night April 14 the US wrote in again asking for a delay to July, six page letter on Patreon here.

But Judge Stein told the parties to confer and report by April 16 at 1 pm. Then he set an April 17 conference, which Inner City Press live tweeted and dubbed "Berate-gate," thread

On May 13, jury selection began - but did not finish. Abit later, Menendez got into an car with FOP NJ plates.

On May 14 jury selection continued but was not yet completed, from the ending, thread

Late on May 14, the US Attorney's Office filed opposition to slides the defense wants to use in its opening arguments, including quotes from Colin Powell and MLK, and when Nadine came into possession of gold - full letter on Patreon here

Inner City Press live tweeted jury selection and then opening arguments here, then filmed Bob's exit (he said he thought it went well and that his guy did great).

On May 16, Judge Stein disallowed Menendez' requested depositions: "OPINION & ORDER as to Robert Menendez, Nadine Menendez, Wael Hana, Fred Daibes. I. INTRODUCTION. Defendant Robert Menendez has moved to take the depositions of three individuals pursuant to Rule 15(a)(1) of the Federal Rules of Criminal Procedure. Those individuals are: (1) the principal ("Qatari Investor") of the entity described in the Indictment as the "Qatari Investment Company," (2) its Chief Operating Officer (COO), and (3) its General Counsel (GC). CONCLUSION. Menendez has failed to meet his burden to show that exceptional circumstances exist and that it is in the interest of justice to grant his motion to take the depositions of the Qatari Investor, the COO, and the GC in London. Accordingly, Menendez's motion to take Rule 15 depositions is denied. SO ORDERED: (Signed by Judge Sidney H. Stein on 5/16/2024).

More on X of Subscribers here & Substack here

The case is US v. Menendez, et al., 23-cr-490 (Stein)

More on Substack here

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As Jane Street Sues Millennium Must List Trade Secrets by May 13 Then Discovery to November


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 16 – Jane Street Group LLC sued Millennium Management, Douglas Schadewald and Daniel Spottiswood, for allegedly taking trade secrets from them.   On April 19 there is scheduled a court hearing on Jane Street's request for a temporary restraining order, before U.S. District Court for the Southern District of New York Judge Paul A. Engelmayer. 

  Judge Engelmayer on April 17 granted a motion to seal; this was followed on April 18 by not fewer than seven "selected parties" only letters.

It is said that some or all of the April 18 proceeding may be sealed. Previously, Inner City Press petitioned Judge Engelmayer in a trial with an undercover witness and an audio feed was made available in another courtroom, on the 5th floor of 40 Foley Square / 40 Centre Street. 

 Should this civil case be more secret?

How should notice of a possible sealed proceeding be given? Alongside a trial in 100 Centre Street, Inner City Press has had its eye on this case.

We can report that Jane Street's bid to seal the courtroom was denied. Then its application for a TRO was denied, no sufficient showing of irreparable harm.

On May 16, this: "ORDER, The Court requires Jane Street to provide a detailed identification of all alleged trade secrets upon which it relies in numbered form and with reasonable particularity by May 23, 2024, at 5 p.m., per the procedure for identification of trade secrets set out in the Federal Judicial Center's Trade Secret Case Management Judicial Guide, sections 4.4 to 4.7. The parties are directed to file a proposed case management plan by May 21, 2024, pursuant to which fact discovery concludes at the end of September 2024, and expert discovery in mid-November 2024.The Court schedules a case management conference for December 13, 2024."

It is Jane Street Group, LLC v. Millennium Management LLC et al., 24-cv-2783 (Engelmayer)

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In Trump Trial Michael Cohen Outing 14 Year Old Prank Caller to Keith Schiller Ups Volume


by Matthew Russell Lee, Patreon Book Substack

100 CENTRE ST COURT, May 16 – In the Trump Trial, Michael Cohen's second day of cross examination heated up just before lunchtime.

Trump's lawyer Todd Blanche, who had been looping around for some time, zeroed in on fourteen minutes on October 4, 2016.

 It was just past 8 pm on that day that Cohen testified he had texted and then called Trump's body guard Keith Schiller, to tell Trump that the Stormy Daniels matter had been taken care of.

The call, the record of which was put into evidence by the prosecutors, was one minute and thirty-six second long.  

 Blanche turned the clock back a quarter of an hour. He got Cohen to acknowledge or remember - depending on one's perspective; maybe just, he got Cohen to say - that Cohen had been receiving harassing calls for three days and finally the harasser forgot to block their number.  

 Cohen texted the number, that he would be turning it over to the Secret Service. He said he learned, or was told, that it was a 14 year-old.    And then he texted Keith Schiller, asking him to act on it.

   One question arose, or was shouted: was it possible that Cohen had reached out to Keith Schiller, at same time, about the harassing 14 year old and about having taking care of the Stormy Daniels matter?  

 Stepping back, was Cohen testifying based on documents he was given by the prosecutors, from AT&T, or from his own memory? And would or should it matter?

  More on X for Subscribers here and on Substack here

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Supreme Court Upholds CFPB Structure 7-2 Amid Industry Attacks and Merger Proposals


By Matthew Russell Lee, Patreon Maxwell Book

SOUTH BRONX, May 16 –  The Texas Bankers Association and ABA managed to finagle a Federal court ruling allowing its and the ABA's members' non-compliance with the Consumer Financial Protection Bureau's small business data collection rules, pending Supreme Court decision on CFPB's structure and funding. Order here.

Now on May 16, 2024, the Supreme Court has found the CFPB's structure to be Constitutional, by a 7-2 vote. "Congress shielded the Bureau from the influence of the political branches,” Justice Clarence Thomas wrote in the majority opinion for the court.   “Under the Appropriations Clause, an appropriation is simply a law that authorizes expenditures from a specified source of public money for designated purposes. The statute that provides the Bureau’s funding meets these requirements.”

Back on August 11 the two credit union associations wrote it to get a stay - while they themselves try to merge - as Capital One and Discover are now. That should be denied. Watch this site.

 

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As Delgado Sues Trump Over West Wing Job She Asks Bannon Evidence In Since He to Jail


By Matthew Russell Lee, Patreon Substack

SDNY COURTHOUSE, May 16 – Arlene "A.J." Delgado sued the Trump campaign after she did not receive the West Wing job she said she was promised (but Jason Miller got).  

      On August 16, 2022 U.S. District Court for the Southern District of New York Magistrate Judge Katharine H. Parker held an in-person proceeding. Inner City Press went and covered it. 

Jump cut to January 30, 2024: Delgado is now pro se and moving to depose Reince Priebus and Eric Trump. Inner City Press live tweeted, thread

On February 5, 2024, Magistrate Judge Parker denied Delgado's motion that she recuse herself for having practiced employment defense law prior to becoming a Magistrate Judge, and other reasons. Order on Patreon here.

On February 28, after Delgado's submission of a 15 page letter here, there was a discovery conference. Inner City Press live tweeted it here (and, for those who prefer, on Threads here)

On March 6, Arlene Delgado docketed her subpoena to Jared Kushner, including the records he should bring - subpoena on Patreon here

On March 21, Delgado filed a discovery letter with Judge Parker, including that "During the deposition of third-party witness Eric Trump, on March 13, 2024, Mr. Trump (who was represented by Alina Habba, Esq.) stated that, in preparation for this deposition, he had met with his attorney (Ms. Habba) and also with Defendants counsel, the day prior to his deposition. Ms. Habba then claimed that “common interest privilege” applies to shield the communications between her client, Eric Trump, and Defendants’ counsel. Plaintiff requests" - letter on Patreon here.

On March 26 there was another discovery conference, including this

On April 3, Magistrate Judge Parker issued a six page order including "The deadline for discovery is extended to May 7, 2024 for the sole purpose of completing the depositions of Castellano, Glassner, Kushner, McGahn, Conway, and Bannon." Order on Patreon here.

On April 26, Jared E. Blumetti of LaRocca, Hornik, Greenberg, Kittredge,Carlin & McPartland LLP moved to withdraw, citing "an irreparable breakdown in the attorney-client relationship between the Firm and Campaign." Declaration on Patreon here.

On April 30, Delgado opposed:  full filing on Patreon here.

On May 2, Judge Parker asked for an ex parte (sealed) motion by May 7, "Defense counsel shall provide a copy of the declaration to a representative of Donald J. Trump For President, Inc. (the “Campaign”) and Messrs. Priebus and Spicer. Because the Campaign is an entity, it may not represent itself. See e.g., Cent. Harlem Cmty. (Dist. 10) v. City of New York, 2024 WL 1603463, at *1 (S.D.N.Y. Mar. 8, 2024). Thus, if the motion to withdraw is granted, the Campaign will be at risk of default if it does not promptly obtain substitute counsel." Order on Patreon here

On May 8, Delgado filed a declaration including that "I have information and reason to believe that payments made to (a) Kasowitz Benson Torres LLP ($4.1 million from the Campaign to the firm, in a mere two month period immediately following the November 2020 election), and payments made to (b) Red Curve Solutions (which is not a legal entity or law firm, for “legal reimbursements” totaling millions of dollars in a short period of time), reflect legal services related to, and monetary settlements paid to, women who raised complaints of gender discrimination, pregnancy discrimination, and sexual harassment -- complaints which are currently withheld from the Defendant-Campaign, despite" - full Declaration on Patreon here.

On May 13, Delgado's subpoena to Fox including about Jason Miller was quashed, 7 page Order on Patreon here

On May 16, Delgado filed a request including "Mr. Bannon is well known for hiding from process servers and is, per reports this week, headed to prison for four months. Plaintiff thus requests leave to be permitted to utilize all emails and materials authored by Bannon to be permitted, as well as leave under Rule 804(b)(1) to use Bannon’s depositions from any other matters, related to this case, given his unavailability." 7 page submission on Patreon here

More on X for Subscriber here,  Substack here

  Inner City Press will continue to follow the case.

It is Delgado v. Donald J. Trump For President, Inc. et al., 19-cv-11764 (Torres / Parker) 

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Devon Archer Wins Resentencing for Counsel Error In Not Objecting to Wrong Guideline


by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 15 – The case involving Devon Archer, Inner City Press has been covering for years.

Then it was in the news, with Archer testifying to Congress and speaking afterward. Inner City Press continues to follow the US v. Galanis et al case in SDNY, and late on August 2, 2023 this was filed, now on Patreon here:

Dear Judge Abrams: We represent Devon Archer and write in opposition to the Government’s request to set a surrender date while Mr. Archer continues his appeal to the United States Supreme Court..."

 On August 7, Judge Abrams ruled: "ORDER as to Devon Archer: No later than August 11, 2023, the Government shall file a response to Defendant Archer's letter filed August 2, 2023. The Government's response should address: (1) why Mr. Archer should not remain on bail pending the Supreme Court's decision on his anticipated petition for certiorari pursuant to 18 U.S.C. § 3143(b)." Order on Patreon here

Cert was denied, but on May 15, 2024, Judge Abrams vacated his sentence, concluding "in light of counsel’s failure to object to the erroneous Guidelines range on which the Court relied, the Strickland test has been met. See Strickland, 466 U.S. at 687. The Court grants Archer’s petition for habeas relief, vacates his sentence, and sets this matter for resentencing. No later than May 22, 2024, the parties shall submit a joint letter to the Court proposing dates for Archer’s resentencing." Order on Patreon here

The overall case is US v. Galanis, et al., 16-cr-37 (Abrams)


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