| SDNY Judge Failla Dismisses
Indictment of Balde With 24 Hours Stay As US
Attorney Silent
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 21 – Souleymane Balde from
the MCC prison was on a video
proceeding covered by Inner
City Press on May 11 with U.S.
District Court for the
Southern District of New York
SDNY Judge Katharine Polk
Failla.
It is something
of a high profile legal
battle, having come back from
the Second Circuit Court of
Appeals.
But
there is also real life: Balde
coughed and Judge Failla asked
if he has been tested, and if
the question was OK with his
defense counsel Matthew
Larsen.
Larsen OK-ed the question then
noted that the MCC is
not testing in a meaningful
way. He moved on to say after
US v. Rehaif, the Court
may not have jurisdiction. In
the alternative, that Balde's
plea was ineffective.
And on May
21, with Inner City Press
again present, Judge Failla
ruled. She cited the Firth and
Sixth Amendments. We'll await
the transcript. She
dismissed the indictment
against Balde without
prejudice, and stayed her
order until "the earlier of
the Government filing a new
complaint in this action or
May 22, 2020 at 12:00 pm."
Inner City
Press immediately in writing
asked the Press Office of the
US Attorney's Office to
appraise it of any new
Complaint, or appeal to the
Second Circuit. As of 8 pm,
nothing was heard back.
On May 11 the AUSA, by phone
only and not video, said SDNY
US Attorney Berman is
considering new substantive
charges against Balde, but
wanted to only go in once and
not twice to the grand
jury.
Assistant US Attorney Slavik
told Judge Failla that while
right now there is a lack of
quorum for a grand jury, the
US Attorney's Office expects a
new or resumed grand jury
quorum by "the first half of
June." Call it breaking news,
live tweeted by Inner City
Press here.
Judge
Failla after these oral
arguments said she will
reserve judgment on the issues
raised, and rule soon. The
case is US v. Balde, 16-cr-130
(Failla).
***
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