JUDGE IN HALKBANK CASE GIVES GOVERNMENT OPPORTUNITY TO REPLY ; DEFENSE STILL TRYING FOR RECUSAL

 

If you read our recent article Halkbank Again seeks to Delay the Iran Sanctions Violation Case at SDNY, you know that bank counsel has asserted that the interlocutory appeal they filed stops the case from proceeding until the appeal is decided, arguing that the Foreign Sovereign Immunity defense already shot down by the trial judge applies.

The Court has given the Government until noon today to respond. If your vision is good, take a close look at the tiny footnote at the bottom of the page. Defense counsel has  diligently observed that they are not, by filing the Notice  of Appeal (which I believe to have no merit at law) waiving their pending attempt to have the appeals court grant Mandamus, ordering the trial judge to recuse himself from the proceedings.

Clearly, the bank is trying every possible procedural tactic in this case. You might think they are afraid to go to trial. I know that defense counsel is trying to preserve all possible issues for the eventual appeal, but sooner or later, they will end up agitating the judge, which is not a good idea.

 The Page 2 of counsel's letter is below. You will find Page 1 in the article cited above.