This legal document is a court filing from April 24, 2020, discussing a motion by an individual named Thomas. The court denies Thomas's request for discovery related to his claim of selective or discriminatory prosecution, finding he has not met the high burden of proof required. The court dismisses Thomas's comparison to a 2005/2006 incident involving other officers, stating it is not relevant because Thomas is charged with making false statements, not with failing to conduct counts.
This legal document, page 30 of a court filing from April 24, 2020, outlines the stringent legal standard a defendant must meet to successfully claim selective prosecution. Citing several legal precedents like Armstrong and Alameh, it explains that a defendant must provide clear evidence of both a 'discriminatory effect' (showing similarly situated individuals were not prosecuted) and a 'discriminatory purpose' (showing the prosecution was motivated by impermissible factors like race or religion). The document also specifies the evidentiary threshold required to even obtain discovery on such a claim.
This document is page 'iii' of a Table of Authorities from a legal filing dated April 24, 2020, in Case 1:19-cr-00830-AT (which corresponds to USA v. Parnas et al., though released in a DOJ OGR batch). It lists numerous legal precedents (case law citations) primarily from the Second Circuit and Southern District of New York, referencing cases such as U.S. v. Coppa, U.S. v. Ghailani, and others used to support legal arguments in the main brief.
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