Venezuela Ex Spy Chief Carvajal Wants 9 DEA Files & CIPA Motion Deadline But Jan 17 Next

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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Dec 12 – Venezuela's former spy chief Hugo Armando Carvajal Barrios a/k/a El Pollo is in US custody in a narco-trafficking conspiracy case begun in 2011, after a long extradition fight in Spain.

    Carvajal was arraigned by U.S. District Court for the Southern District of New York Magistrate Judge Stuart D. Aaron on July 20. Inner City Press was there and live tweeted, thread: more on Substack here

Carvajal's lawyers have gone out into the hall with two of the three prosecutors. Bail deal seems doubtful. But they are talking...

Carvajal's legal team's statement emphasizes that he "broke publicly with the government of Nicolas Maduro and looks forward...to an unbiased American jury. A bail application will be forthcoming." So apparently going to consent to detention today

 Both Carvajal's counsel and the two prosecutors have come back into the courtroom.

 Carvajal is brought in by 2 US Marshals, in a white T-shirt. Has a lawyer sutting on each side of him. 

Assistant US Attorney says Carvajal arrived in the US yesterday at 1:15 pm. Judge Aaron reads out the charges. Defense: He pleads not guilty.

 AUSA: The government seeks detention. Defense: We consent without prejudice. Next hearing before Judge Hellerstein July 25 at 12:30 pm. Medical order signed.

Afterward Inner City Press asked Carvajal's lawyer about his client's letter in Spain about information he has, video here from 1:50.

Vlog in Spanish and English here

  On July 25 Carvajal appeared again, before Judge Hellerstein. His lawyer did not object to excluding Speedy Trial Act time to November 1 - he said he is applying under CIPA. (In the ongoing case of Honduras' Juan Orlando Hernandez, another CJA counsel was brought in just for the Classified Information Procedures Act issues). Nor was there any mention of applying for bail.

The line of the proceeding was when Judge Hellerstein asked if any of the co-defendants will also appear on November 1. The Assistant US Attorney said that with Cliver having pled guilty, no one of the other defendant - which include Nicolas Madura - are anticipated to be in New York on November 1. And after? Watch this site.

  El Pollo's case has the potential to spill the beans even more than Honduras' JOH's ongoing case, in which JOH's ties to El Chapo Guzman are alleged. 

  El Pollo told a Spanish judge that he has information about Venezuela - and drug money from Colombia's FARC - going to, among others, Brazil's President Luiz Inácio Lula da Silva; Néstor Kirchner in Argentina; Evo Morales in Bolivia; Fernando Lugo in Paraguay; Ollanta Humala in Peru; Zelaya in Honduras; Gustavo Petro in Colombia; the Five Star Movement in Italy; and the Podemos party in Spain.

  The wrinkle is that, given El Pollo's flip to Guaido, the Nicolas Maduro government is asking for his re-extradition. And as with the current US administration's prosecution of Miles Guo Wengui Kwok, who the Chinese government also wants prosecuted or worse, will DOJ be eager to cut the cooperation deal it should or might?

On October 19, Pollo's counsel wrote in asking for permission to depose Fernando Blengio, recently released by BOP and removed to Mexico. He cannot reenter the US to testify at trial, so a Rule 15 deposition in Mexico was sought.

On November 1, Judge Hellerstein denied the request and set the next conference for December 12: "Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument as to Hugo Armando Carvajal-Barrios held on 11/1/2023. Pretrial Conference as to Hugo Armando Carvajal-Barrios held on 11/1/2023. Motion to take deposition is denied; Next PTC is set for 12/12/23 at 10:00 a.m.; Deft. cont'd remanded."

On December 12, Inner City Press was there, thread:

All rise!

 Judge Hellerstein: Please give me an update. AUSA: This is our 3d pre-trial conference. Mr. Caravajal's counsel has a number of discovery disputes. On the classified discovery front, our review is ongoing. Cliver had a CIPA component too

 AUSA: We expect to request a CIPA order in this case. We suggestion a Section IV deadline. Judge: Is this consistent with a Speedy Trial? AUSA: As an initial matter -- Judge: How do we hasten it? AUSA: We have produced a substantial-- Judge: Let's hasten it

 AUSA: He can make the motion --

Judge: How can he make the motion without having the discovery? AUSA: Under Section V or VI of CIPA, we will deal with whether the information can be used at trial. Pollo's lawyer Margulis-Ohnuma: We lack 9 discrete DEA files

 Judge: I'm interested in hastening the trial. If you need 30 days, you need 30 days. Margulis: Yes, that should tell the US we need the information to make our motions. AUSA: I have spoken with him, I've asked detailed follow up questions but we'd like to narrow

Judge: How about I give you two weeks and then a motion? AUSA: Fine. Judge: Huddle up with Mr. Margulis now and get back to me. AUSA: Right now? Judge: Yes. Off the record.

[Margulis and AUSA stand near jury box, whispering. Pollo chats with his other lawyers - one of whom was introduced as Spanish-speaking. Pollo looks chipper] They're back. Margulis: I think there was a misunderstanding about the scope of the government's review.

 Margulis: Now he says he's not sure he had the files, or which we already have. Let's not set a briefing schedule.  Judge: I'll give you a status conf in 30 days but what do you need? Margulis: There was a plane that crash landed in Campache in 2006, other cases

 Margulis: I've identified nine specific cases that relate to that. And the S-1 indictment, they haven't given me complete discovery on those areas. Mr. Bradley can go back to his team - maybe they dispute it. We can address in 30 days AUSA: I agree, we'll narrow

 Judge: I'm a prisoner of what you fellows are doing. I urge you to hasten. January 17 at 10:30 am. Margulis: That's fine.  Judge: What are we going to do then? AUSA Bradley: We will bring to the court's attention any remaining disputes, and set a briefing schedule

 Judge: Can I get briefs before January 17, to make decisions then? AUSA: We'd rather just come in. We'll ID documents that are candidates for deletion in an ex parte proceeding. Judge: Doesn't the defendant play any role in this? AUSA: No, under Section IV.

 Judge: How long will discovery last? AUSA Bradley: There are other government components, equity holders. In Cliver, it took 5 months for the CIPA filing. Before Judge Engelmayer, Bradley [Yemen case] it took five months too. There are more material here

Judge: When will we be finished with pre-trial discovery, everything? AUSA Bradley: It depends. From our POV, the filing of the Section IV completes our duty. We want five or six months. Judge: June or July and we're ready to trial? AUSA: Subject to Sec 5 & 6.

Judge: So in March we should be ready to set a trial date? AUSA: That depends. Can we set June 1 for our Section IV motion? Judge: I hope it's faster, March. But we'll see in January. This case was filed in 2011. It's 12 years old.

 AUSA: Let's exclude time under the Speedy Trial Act. Margulis: No objection. On the classified discovery, let's set March 1 for the CIPA protective order. I'd like to be heard ex parte, I believe your Honor did with Cliver Alcala. Judge: That's correctJudge: See you January 17.

Margulis: How about March 1 as deadline for their motion?  Judge: Bradley? AUSA Bradley: We'd like five or six months. Judge: I'll set a date in January. Adjourned

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