Kenneth Rijock

Kenneth Rijock

Wednesday, May 20, 2020

AI SADR'S ATTORNEY COMPLAINS GOVERNMENT HAS FAILED TO DELIVER DISCOVERY

The attorneys for convicted Iranian sanctions evader, Ali Sadr Hasheminejad, have notified the Court, by letter, that they still have not received the Discovery which was promised to them by the Government, and all of which is being late produced, post-trial. In a detailed letter,  specific items are listed, and the tenor of the letter indicates that counsel is attempting to draw the Court's attention to the delay. While not asserting that Bad Faith is present, the letter does accuse the Government of delaying defense filings relating to the Motion for Acquittal and Motion for a New Trial, due to its tardy and incomplete response to defendant's requests.

Given the massive amount of incriminating evidence adduced at trial, we find it hard to believe that there is any reasonable chance the requested documents and transcripts will rise to the level that, had they been properly produced before trial, the defendant would have been acquitted. We suspect that counsel is seeking to build a record for the expected appeal, much as the possible reason why they filed a half-dozen pretrial motions, none of which were granted.

It is not known whether there are issues involving classified information contained in the summaries that have not been produced, or whether some of the notes requested are exempt from Discovery under the Work Product Doctrine, but the Government's response to this letter may answer those questions.



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