Sunday, October 9, 2022

An Update: Thomas Barrack's Felonies Trial In Brooklyn... Is Looking Grim, For Him: 18 U.S.C. § 951 Expert Testimony Up, This Week...


Under 18 U.S.C. § 951, a felony statute, Mr. Barrack was required to disclose very specific things, about his ongoing efforts inside the UAE, to give the oil-sheiks things they wanted, from Donald Trump as president of the US. He disclosed none of those things -- choosing instead to fax in a bunch of blank pages, signed by him.

He then had his lawyers argue, two weeks ago -- that it was just "harmless business stuff". Paperwork. Like not having a water permit. But he was purporting to sell American interests, in secret -- to a foreign power. And he did just that, the evidence so far shows. He will be convicted, Condor predicts.

This week (week four in Brooklyn, I think) the government will offer experts to explain why we the people must know when someone with the president's ear (like Barrack and his billions) is actually being paid by, and working for. . . frenemy governments. Here's how the able government attorneys describe what's coming, and a bit:

. . .[T]he defendants [Barrack, et al.] will doubtless (continue to) argue that business-related aspects of their conduct suggest that they were acting lawfully. The arguments clearly suggest, as all but expressly stated by Mr. Schachter in his opening statement, that the jury should not care about the charged conduct. Having argued to the jury that the charged conduct constituted a lawful commercial transaction, that the acts were “literally, the most meaningless, most inconsequential acts that you can imagine,” and that the charges “are nothing short of ridiculous,” the government is entitled to ensure that the jury weighs the relevant facts with an appropriate understanding that engaging in political influence activity without registering under FARA is unlawful (regardless of knowledge of the statute), and that the (multi-page) forms required to be submitted serve a real and important purpose, including with respect to the information gathered and its dissemination to the Secretary of State, Congress, and the American people. In this connection, Ms. Hunt’s testimony will briefly explain the sorts of conduct that fall within the registration requirements by reference to the forms that registrants are required to submit. . . .

The government emphasizes that it does not intend to elicit testimony regarding the availability of criminal prosecution for FARA violations, or regarding the mens rea (or any other) element of civil or criminal liability under FARA. Rather, the testimony will orient the jury to the nature of the information that must be provided to the government, and to the American people, by agents engaging in political influence activities on U.S. soil at the direction of a foreign government and add facts necessary to complete the highly misleading picture painted by defense references to meaningless conduct and single-page [largely blank] faxes. . . .


[Updated on 10.11.2022 -- Judge Cogan has ruled that this FARA testimony is not needed, and potentially confusing -- but the basic 951 stuff will come in.] It is hard to overstate. . . how egregiously the bulk of America's interests, around the globe, were being auctioned off -- in secret -- by friends of Tangerine... for four long years. It is time to bring them to heel, in orange jumpsuits, too -- for it all. Out.

नमस्ते

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