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Citing McGonigal Discovery Was Sought From ex FBI Rossini now UK Case Settled so Over

By Matthew Russell Lee, Patreon Maxwell book

SDNY COURTHOUSE, March 3 – The indictment of ex-FBI agent Charles McGonigal in U.S. District Court for the Southern District of New York was echoed on February 13 in a discovery teleconference in a proceeding for an order under 28 USC Sec. 1782 to conduct discovery. 

 At issue are or were documents as to which another former FBI agent, Mark Rossini, is asserted the Fifth Amendment privilege against self incrimination.

While he faces unrelated charges in the District of Puerto Rico, he resisted some deposition questions, and is withholding documents.  

  SDNY Magistrate Judge Robert W. Lehrburger asked pointedly if this assertion meant that anyone who did business with a Russian oligarch, here Oleg Deripaksa, could invoke the Fifth Amendment. Counsel for Rossini said maybe he got too far over his skis.

Judge Lehburger agreed - but also agreed to review the documents at issue in camera.

Rossini's lawyer said he has a trial in 60 Centre Street and can walk the documents over to Chambers. 

 The case also seeks discovery from Aviran Azari, who's guilty plea Inner City Press covered, as it will his upcoming (long delayed) sentencing. 

On February 21, Magistrate Judge Lehrburger ruled the privilege log must be produced in a week: "by February 28, 2023, Rossini must produce a privilege log for those documents providing the information required by the Federal Rules of Civil Procedure. The Clerk of Court is respectfully requested to terminate the motion at Dkts. 18 and 28. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/21/2023)."

On March 3, counsel wrote to Judge Lehrburger that "the underlying matter pending before the UK courts that gave rise to this application has been settled and thus Petitioners voluntarily withdraw this application."

  This case is, or was, In Re: Application of Forensic News LLC and Scott Stedman, 22-mc-229 (Carter / Lehrburger) 


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