Just a quick note, here -- as the instant motion lines out quite succinctly, and helpfully, the depths to which Mr. Barrack sank, according the the able AUSAs. . . and according to his co-defendant, a young underling.
The underling is rightly worried that the considerable stank, from Mr. Barrack's alleged felonious deeds, will cause him to be convicted, on an improper "guilt by association" bias in the jurors' minds. He is right to be so concerned. Take a look, but here is the full 17 pager, a motion young Mr. Grimes will win:
. . .Mr. Grimes is charged with a novel statute applied to him in an unprecedented fashion (i.e., a young assistant carrying out the directions of a US boss). He is presently to be tried alongside that former boss, Thomas Barrack, a sophisticated international businessman with long standing business and government connections. Mr. Barrack is also being charged with seven additional counts for obstruction of justice and making false statements. During the predecessor investigation to this indictment, led by the Office of Special Counsel (“OSC”), Mr. Grimes fully cooperated and [several words redacted, under seal] and an interview to federal prosecutors. . . .
Mr. Barrack also gave interviews, and statements he made therein form the basis of the additional counts against him. The statements that each defendant made in the past, no doubt, would likely be introduced by the government in the case. In addition, the government has indicated that it will call witnesses in its case from Mr. Grimes’ former employer, whom counsel for Mr. Grimes can question, perhaps differently, than Mr. Barrack’s counsel.
In a joint trial with Mr. Barrack, there is a real possibility that Mr. Grimes’ defense would be impaired and his right to a fair trial threatened. . . .
Mr. Grimes was a 22-year-old assistant to Mr. Barrack, the Executive Chairman of Colony. . . . There is no evidence that Mr. Grimes ever agreed to be an agent of the UAE or that Mr. Grimes knew or would have known that his alleged activities on behalf of Colony rendered him an agent of the UAE. . . . Despite their vastly different roles, the actions of Messrs. Barrack and Grimes are often blended together both in the indictment and in the filings the government has made in motions practice. . . .
Look, whatever role Mr. Grimes played here, he is entitled to a jury free of the infected slop-over, from Mr. Barrack's soon to be proven undisclosed, and malign deeds, against the interests of his nation, the United States of America.
Onward, grinning, now. . . will have to stop by his joint, next time I am up valley in Aspen, this summer. Heh. Just to say... "hello", of course.
नमस्ते
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