ALEX SAAB MORAN has filed what his counsel has entitled Defendant Alex Main Saab Moran's Limited Motion to Reconsider Order on Motion to Compel Discovery, which is a request that the District Court reverse its order on the production of Discovery from the Department of State. Saab is looking for additional information that would qualify as either Brady (evidence favourable to the defendant regarding innocence or for sentencing) or Giglio (evidence regarding promises made to cooperating witnesses) that his counsel claims exist. Saab's defence team is focusing upon proving his claim that he holds Diplomatic Immunity, barring the Government from prosecuting him for money laundering, and argues that such evidence exists at State, in a filing complete with exhibits that appear to support his position.
His counsel has filed, as exhibits, emails from then senior US DOS official Elliot Abrams regarding the issue. They admit that, strictly speaking, Motions for Reconsideration do not appear in the Federal Criminal Rules, but have been permitted under rare circumstances. Given that Saab was previously known to be cooperating with US law enforcement, but now appears to have reneged upon prior promises, a ruling that criminal prosecution is barred by Diplomatic Immunity seems to be his latest, and possibly, last, strategy to avoid a long prison term for massive money laundering. He may also be attempting to create grounds for a higher court to find reversible error, to set aside a conviction and order a new trial.
The case, which we originally understood seemed to be headed for a comprehensive plea agreement, has become a contested battle to determine what has become the central issue.
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