Saturday, November 9, 2013


The Russian attorney, Alexey Binetsky.
Alexey Binetsky, the Moscow-based lawyer who is now representing convicted arms trafficker, Viktor Bout, has stated that he intends to seek a reversal of his client's conviction in the US Supreme Court, and a remand back to the District Court, for a new trial.

Though even getting the Supreme Court to agree to hear the case will be extremely difficult, Binetsky has, during interviews, has advised that he has brought in the prominent international law firm, Patton Boggs LLP, and that the firm will seek relief from the Court on two issues:

(1) A reversal of his conviction, and 25-year sentence, on the grounds that he was the target of a "Vindictive Prosecution. " Reversal on this ground is, frankly, rarely granted, and the burden of proof extremely high, in order for Bout to prevail. There has been no such showing in the past, though Binetsky has hinted that he will produce some newly discovered evidence, to prove up his client's innocence. One wonders why is it coming to the fore now.

(2) A reduction in his inmate custody status, from a special maximum security status, with severely restricted contact with the outside world, to medium security. I do not know how any court will grant that, given that custody determinations are the exclusive function of the Federal Bureau of Prisons, and there may be a jurisdictional issue there. Also, we are talking about the US Supreme Court, to whom Bout's Certiorari Petition, not appeal as a matter of right, must be directed, so unless there is some gross injustice exposed, the Court may decline to allow Bout to be heard.

Will the US Supreme Court even accept this case ? We cannot say what this new evidence is, but we shall follow it diligently, and report back to you with all developments., as they occur.

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