SAAB MORAN HAS THE LAST WORD IN BATTLE OF THE MEMORANDA OVER DIPLOMATIC IMMUNITY ISSUE

 

The team of attorneys representing ALEX NAIN SAAB MORAN, the Colombian national accused of money laundering, and seeking to evade the long arm of American justice through a Venezuelan diplomatic passport, have filed one final memorandum of law in the back-and-forth exchange of legal authorities over the central issue of whether he is truly a bona fide diplomat, and is to be accorded immunity from prosecution.

 Entitled Defendant's Reply in Further Support of Limited Motion to Reconsider Order on Motion to Compel Discovery, the filing, which is most likely part of counsel's effort to create an extensive record for appellate purposes, is more accusatory than previous memoranda. Though it does stop short of saying that the Government has acted in Bad Faith, regarding the production of State Department documents, it does come close. How the Court will treat the allegation we cannot say.

For the purposes of readers who are closely following the arguments, it summarizes his position in a terse manner:

(1). The Government's prior commitment requires more [Discovery produced]. It accuses the Government of failing to honor its obligation to deliver more State Department correspondence. 

(2) Giglio and the Due Process Clause requires more.

(3) New Evidence requires more than what has been provided, claiming that Saab's counsel's own extensive production of affidavits and documents verifies that there's more favorable evidence that the Government did not deliver to them, which violates Discovery rules and the Court's order on same.

When we have a ruling on this issue, we shall provide our readers with a commentary, but we expect an eventual appeal from the losing party.

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