UPDATE On Thomas Barrack: It's On To Felony Trial Dates, In September Now, In Brooklyn... Motions To Dismiss Denied.

As we watch the 01.06.21 evidence come in, day by day. . . we do not want to lose sight of the fact that the man at right sold out our nation's interests (probably with Tangerine's tacit approval), and pocketed over $276 million in new funding for his private empire, in the process. He needs to face at least a decade in federal prison. . . which at his advanced age would amount to a life sentence.

His billions cannot save him now -- as it will all come down to the able USDC Judge Brian M. Cogan in Brooklyn hearing the evidence in real time (as the jury doesn't decide the sentence length in any direct manner), as to whether he gets two, five or ten years. This past week, Mr. Barrack lost (in a 55 page opinion) all his motions to get rid of the indictment. So it is on to trial, against mountains of evidence:

. . .[Mr. Barrack is charged with] acting as an agent of a foreign government without prior notification to the Attorney General in violation of 18 U.S.C. § 951(a), and conspiracy to commit the same in violation of 18 U.S.C. § 371. Barrack was also charged with four counts of making false statements in violation of 18 U.S.C. § 1001(a)(2) and one count of obstruction of justice in violation of 18 U.S.C. § 1512(c)(2). Trial is set to begin on September 7, 2022. . . .

Barrack takes Rafiekian’s analysis and does exactly what that Court cautioned him not to do, which is “force term-of-art definitions into contexts where they plainly do not fit.” Id. at 539 (quoting Johnson v. United States, 559 U.S. 133, 139 (2010)). Nowhere in the Court’s decision did it find that a “duty” was necessary to state an offense under Section 951.

The Court chose explicitly not to wade into the murky waters of defining what exactly the degree of a foreign principal’s direction or control need be, other than that such direction need not rise to the level of a formalized employer-employee relationship. Instead, what Rafiekian emphasized was the necessity of mutuality and agreement. . . .

And it is not disputed that he did it all in secret, despite specific federal criminal statutes which required him to inform the US AG in writing of his actions, in advance. Of course, even in Tangerine's White House, selling our nation's policy-positions, to the highest foreign government bidder (for payments to Barrack's personal real estate empire) was. . . a felony. Several of them, it turns out.

Onward, to marches in the streets here -- tomorrow afternoon. . . after the rain passes this afternoon.

नमस्ते