DOJ RESPONDS TO ALEX SAAB MORAN'S MOTION FOR RECONSIDERATION OF DISCOVERY ORDER

 

The US Attorney in the Southern District of Florida has filed a reply to a massive motion, with multiple exhibits, filed by counsel for money laundering defendant Alex Main Saab Moran, to reconsider the Court's ruling on certain Discovery issues, involving records of the Department of State, which Saab Moran asserts may contain evidence that must bear disclosed, pursuant to the Brady and Giglio decisions. Saab believes he can prove Diplomatic Immunity through State Department records. Saab asserts that State had a part in his indictment, and therefore has exculpatory information that he is entitled to.

The DOJ response, entitled United States's Response in Opposition to Defendant's Motion to Reconsider Order on Motion to Compel Discovery, the Government argues that its obligation are "limited to materials within the possession, custody and control of the prosecution team," and that the State Department played no role in prosecutorial decisions.

The key points cited in the Response:

1.  Giglio requires the Government to produce only materials in the possession, custody or control of the prosecution team.

2. The Government's actions to date have satisfied its Discovery obligations, under Eleventh Circuit precedent.

3. The "New Evidence" cited in the Defendant's Motion does not warrant reconsideration. Saab asserts that the State Department "was involved in the investigation leading to [the] charges," without proof, and the relevant rules and case law limit Discovery to prosecution-controlled  materials.

We will report back to our readers when the Court has ruled on the defense's motion; most likely, an adverse ruling will be taken up to the Eleventh Circuit Court of Appeals, and possibly to the US Supreme Court. We do not expect to see a trial anytime soon, as the issue of whether Saab Moran is protected from criminal prosecution  by Diplomatic Immunity exists is potentially dispositive of the case. The US has taken the position that his "diplomatic status" is a cover for transnational money laundering.