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EDNY MEDIA ROOM, Nov 1 – Thomas Barrack and Matthew Grimes, indicted for illegal lobbying for the United Arab Emirates, were arraigned on July 26, 2021 before U.S. District Court for the Eastern District of New York Magistrate Judge Sanket Bulsara. Inner City Press live tweeted it here (and podcast here)

On November 1, the US Attorney's Office made its closign argument. Inner City Press was there:

OK - now at US v. Tom Barrack closing arguments in EDNY

Assistant US Attorney: Mr. Barrack sent his UAE messaging to Erin Burnett, a popular anchor... He wrote, "I nailed it on Bloomberg." He got messages from MBZ how they were impressed how he was a trusted friend. When he appeared on Charlie Rose and praised the UAE

AUSA: Mr. Barrack apologized that he hadn't mentioned the Sheikh [text messages shown on screen to jury] AUSA shows jury transcript of Rex Tillerson testimony. AUSA: I urge to consider these exhibits and the contradictions between them, including about the proposed Camp David meeting. What incentive did Al-Malik have to make up a conversation and put it in his phone?

 AUSA: ...and Mr. Barrack put these words in the President's mouth [Shows jury a Trump photo, which may or may not be happening in 100 Centre Street Trump Org trial right now - more on that later] AUSA: Mr. Grimes asked, Any word from Khalifa?

AUSA: Four days later the article went to Forbes Magazine for distribution to the American public [Inner City Press: That might be overstating it - echoes of Razzlekhan, the self-proclaimed Crocodile of Wall Street, who also used / paid for placement in Forbes]

AUSA shows jury transcript of testimony of Special Agent Tracee Morgan, about Al-Malik not registering as a UAE agent under FARA. AUSA: Remember, Mr. Al-Malik said, We will do things that he can never do. It's clear, this work was underground. It was covert.

AUSA: The defense argues that a contractor who paints the UAE embassy doesn't have to register under FARA. But these were not legal commercial transactions. Judge Cogan will tell you about FARA. Politics activity is what defendants were doing for the UAE

AUSA: We do not need to prove motive. But it's here. Mr. Barrack said, I am running for the money. And if you're running for the money, the UAE is were you go. The UAE officials are looking for access and influence. That's what UAE Royals were seeking to do

AUSA: The UAE sovereign funds invested in Colony Capital, DPC1 and the California Plaza. "Mr. Barrack" (AUSA used the hard "ack," not Barreck like Merrick) said, "T is pushing for our deals from the top."  [Email about Cal Plaza shown to jury]

AUSA turns to venue, says EDNY also includes "the waters of Manhattan," and calls and wires have to use those waters -- Defense: Objection! AUSA: Venue is not an element of the offense.

AUSA: Mr. Barrack rents a house in the Hamptons, which is EDNY. And his email from Mr. Barrack in Manhattan to Al-Malik outside of the country had to go through waters that are part of the EDNY

AUSA: Mr. Grimes went from Manhattan to JFK airport in Queens - in the EDNY. He sent a text message from Queens, in the EDNY. July 12, 2016, Mr. Grimes was in Manhattan, "an island surrounded by the air and waters of the EDNY," and sent a message to Al-Malik....

AUSA: When you deliberate, the evidence is simply overwhelming. There is only one verdict that is consistent with the law and your common sense, and that's... guilty

After that closing, the defense filed an objection: "Dear Judge Cogan: Defendants respectfully submit this letter seeking a curative instruction regarding the repeated reference in both Mr. Harris’s and Mr. Nitze’s closing addresses to the supposed “fact” that emails, text messages and phone calls sent or made from Manhattan “travel through the waters” surrounding Manhattan and thus, that venue is satisfied on Counts One and Two. There is absolutely no evidence in the record to establish that emails, text messages and/or phone calls made in Manhattan “travel though the waters” surrounding Manhattan. It was deeply improper for the Government to cite to this purported 'fact'" - full filing on Patreon here

On October 31, as the trial headed to conclusion, Barrack's lawyers wrote to EDNY District Judge Cogan: "there is zero evidence in the record demonstrating that Mr. Barrack was aware of grand jury subpoenas being issued to his “associates” prior to scheduling his June 20, 2019 interview with the FBI. The Government established that Brady Cassis, and other attorneys at Paul Hastings LLP, knew that grand jury subpoenas had been issued to Mr. Barrack’s associates (because they also represented those individuals), see Tr. at 3880-81, but the Government never asked Mr. Cassis if that information was conveyed to Mr. Barrack and the Government otherwise introduced no evidence to show that such information was known to Mr. Barrack." Full letter on Patreon here

On October 28, after the charging conference, the US Attorney's Office filed a letter including the names to be added, and more: "Dear Judge Cogan: The requested changes are as follows... Line 15 U.S. Person 2 Stephen Bannon Page 50, Lines 18, 19, 21, 22 ." Full letter on Patreon here.

Prevous full 14 page letter on Patreon here.

On October 21, the defense called as a witness Brady Cassis, an associate at Paul Hasting in DC. He was present and took laptop notes at the June 20, 2019 DOJ interview of Barrack. But the US immediately opposed admission of the notes that he took. Judge Brian M. Cogan sent the jurors to the jury room in order to hear argument.

At 3:10 pm, more of Cassis' notes were shown, about Bannon's relationship with MBZ and "Erik Prince / Blackwater;" and a flight to the Middle East including "the actor Rob Lowe." Watch this site.

Order on Patreon here.

US filing on Patreon here.

On FARA, full order on Patreon here.

Analysis: Because of the possibility of (success) appeal to any conviction under Section 951, on a claim that the jurors confused it with FARA, the attempt is made to keep FARA out of testimony as much as possible. But what about the jury instructions? Watch this site.

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