DOJ-OGR-00019986.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page127 of 200 64 1 We believe there are significant motions relating to 2 the reach of the NPA, which we are not going to litigate here 3 before your Honor in a bail proceeding, that are not even 4 foreclosed by the cases the government does cite to you. They 5 cite to you the -- I'm going to skip this one, the Annabi case, 6 A-N-N-A-B-I case, which says, "The plea agreement binds only 7 the office of the U.S. Attorney for the district in which the 8 plea is entered unless it affirmatively appears that the 9 agreement contemplates a broader restriction," and that in part 10 is going to be our argument. So we will make it to your Honor 11 at the appropriate time. For today's purposes, it should be in 12 the mix in evaluating the weight of the evidence as should the 13 points I just made about the perjury charge and we think that 14 there are other significant legal challenges to the indictment. 15 We also think there are significant issues with the 16 weight of the evidence. The government chose to indict conduct 17 that's 25 years old, your Honor. You will see when you get our 18 motions that this, we think, is an effort to dance around the 19 NPA, to come into an earlier time period, a related time 20 period. It's all tactics. That's all this is about. This 21 case is about tactics. It's an effort to dance around the NPA. 22 But the fact of the matter is the government -- 23 THE COURT: Mr. Cohen, I'm sorry, by that do you mean 24 that the time period charged is not covered by the NPA. 25 MR. COHEN: Right. Exactly. There is going to be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019986