DOJ-OGR-00001069.jpg
614 KB
Extraction Summary
3
People
4
Organizations
1
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
614 KB
Summary
This document is a page from a court transcript (Case 21-770) dated April 1, 2021. Defense attorney Mr. Cohen argues for bail, claiming the government's indictment of conduct from 1994-1997 is tactical and lacks physical evidence like tapes or video. He asserts that the client has been kept in custody 'by design' and references the 2007 Non-Prosecution Agreement (NPA).
People (3)
| Name | Role | Context |
|---|---|---|
| Mr. Cohen | Defense Attorney |
Arguing for bail and criticizing the government's indictment timeline.
|
| The Court | Judge |
Presiding over the hearing; asks Mr. Cohen to repeat a point.
|
| The Client | Defendant |
Unnamed in text but referred to as 'our client' who has been 'kept in custody'.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| The Government |
Opposing party in the litigation.
|
|
| Second Circuit |
Cited for legal guidance regarding bail.
|
|
| Supreme Court |
Cited for legal guidance regarding bail.
|
|
| Southern District Reporters, P.C. |
Company listed in the footer.
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by the transcription service name (likely SDNY).
|
Relationships (2)
Mr. Cohen refers to 'our client'.
Key Quotes (4)
"decide we will reach back and indict '94 to '97, totally tactical, your Honor."Source
DOJ-OGR-00001069.jpg
Quote #1
"conduct is 25 years old, no tapes, no video, none of the sort of things you would expect in that age of case"Source
DOJ-OGR-00001069.jpg
Quote #2
"guidance of the Second Circuit and the Supreme Court, which is in favor of bail"Source
DOJ-OGR-00001069.jpg
Quote #3
"our client has been, by design, by design, kept in custody."Source
DOJ-OGR-00001069.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,718 characters)
Case 21-770, Document 20-2, 04/01/2021, 3068530, Page128 of 200 65
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1 litigation before your Honor about what is in the NPA, and the
2 government, we expect, is going to take the position that
3 unlike '07 is covered and nothing else. We disagree with that,
4 which we will lay out for your Honor. What do they do? They
5 decide we will reach back and indict '94 to '97, totally
6 tactical, your Honor. So now we have a case where the conduct
7 is 25 years old, no tapes, no video, none of the sort of things
8 you would expect in that age of case, that we are going to have
9 to defend, and we are going to defend. And I think it goes to
10 the court's consideration of the weight in the context of the
11 only application that's before your Honor, which is how to
12 weigh the 3142 factors with the structure of the statute, with
13 the guidance of the Second Circuit and the Supreme Court, which
14 is in favor of bail, in favor of bail on appropriate
15 conditions.
16 So we submit that the package we laid out for the
17 court is sufficient that we are certainly willing if the court
18 deems it necessary to leave the proceeding open and we think we
19 could be back before the court within a week if that is what
20 the court wants or there is more detail which has been hammered
21 by the fact that our client has been, by design, by design,
22 kept in custody. And let me just give your Honor a little
23 flavor.
24 THE COURT: Wait, Mr. Cohen. I missed that last point
25 could you repeat it, please.
2 government, we expect, is going to take the position that
3 unlike '07 is covered and nothing else. We disagree with that,
4 which we will lay out for your Honor. What do they do? They
5 decide we will reach back and indict '94 to '97, totally
6 tactical, your Honor. So now we have a case where the conduct
7 is 25 years old, no tapes, no video, none of the sort of things
8 you would expect in that age of case, that we are going to have
9 to defend, and we are going to defend. And I think it goes to
10 the court's consideration of the weight in the context of the
11 only application that's before your Honor, which is how to
12 weigh the 3142 factors with the structure of the statute, with
13 the guidance of the Second Circuit and the Supreme Court, which
14 is in favor of bail, in favor of bail on appropriate
15 conditions.
16 So we submit that the package we laid out for the
17 court is sufficient that we are certainly willing if the court
18 deems it necessary to leave the proceeding open and we think we
19 could be back before the court within a week if that is what
20 the court wants or there is more detail which has been hammered
21 by the fact that our client has been, by design, by design,
22 kept in custody. And let me just give your Honor a little
23 flavor.
24 THE COURT: Wait, Mr. Cohen. I missed that last point
25 could you repeat it, please.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001069
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