Posted on 05/06/2018 5:07:15 AM PDT by Cboldt
Case 1:18-cr-00032-DLF Document 8 Filed 05/05/18 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DEFENDANT CONCORD MANAGEMENT AND CONSULTING LLC'S OPPOSITION
SPECIAL COUNSEL'S MOTION TO CONTINUE INITIAL APPEARANCE AND
ARRAIGNMENT
Defendant Concord Management and Consulting LLC ("Concord"), through under-
signed counsel, hereby opposes the Special Counsel's Motion to Continue Initial Appearance
and Arraignment, and in support thereof states as follows:
1. The Special Counsel is not entitled to special rules, and is required like the
Attorney General to follow the rules of the Court. See United States v. Libby, 498 F.Supp.2d 1,
10-11 (D.C.C. 2007).
2. The Special Counsel's motion, filed late on a Friday afternoon, essentially seeks
to usurp the scheduling authority of the Court by requesting a continuance of a proceeding
scheduled in five days knowing that Defendant is ordinarily entitled to fourteen days to respond.
3. The Special Counsel's motion is in violation of Local Criminal Rule 47(b) in that
its contains no citation to points of law and authority and instead proclaims without citation to
any authority that "A criminal case against an organizational defendant ordinarily requires that
the defendant has been properly served with a summons in order for the court to be assured that
the defendant has submitted to the jurisdiction of this court and has obligated itself to proceed in
accordance with the Federal Rules of Criminal Procedure and other applicable laws that govern
this criminal proceeding," Mot. at 3, and that "Acceptance of service is ordinarily an
indispensable precondition providing assurance that a defendant will submit to the jurisdiction of
the court, obey its orders, and comply with any judgment." Id. at 4. If the Special Counsel
believes these statements to be true she should: (a) provide the legal authority, and (b) act in
accordance with the requirements of Fed. R. Crim. P. 4.1
4. The Special Counsel unilaterally decided to ignore Fed. R. Crim. P.
4(c)(3)(D)(ii)(a) by simply sending undersigned counsel a summons without any advance
consultation. See Ex. 1, April 20, 2018 email from E. Dubelier to J. Rhee. Therefore it is the
Special Counsel's own fault that the summons was not properly served.
5. Defendant has no legal obligation to answer the interrogatories propounded by the
Special Counsel in Attachment C to its Motion, and timely advised the Special Counsel of this
fact. See Ex. 2, April 20, 2018 email from E. Dubelier to J. Rhee.
6. Defendant voluntarily appeared through counsel as provided for in Fed. R. Crim.
P. 43(b)(1), and further intends to enter a plea of not guilty. Defendant has not sought a limited
appearance nor has it moved to quash the summons. As such, the briefing sought by the Special
Counsel's motion is pettifoggery. See United States v. Kolon Industs. Inc., 926 F. Supp. 2d 794,
798 (E.D. Va. 2013) (noting that voluntary appearance by a defendant can give rise to
jurisdiction).
---
1
With all due respect to the Court, the Special Counsel's motion could have been summarily denied on this basis alone. Hopefully the Court will forgive undersigned counsel's impression that by the Court ordering a response in one business day there is an appearance that the tail just wagged the dog. The only emergency about the Special Counsel's motion was caused by the Special Counsel herself in waiting to file it until three business days before the scheduled proceeding.
---
7. Defendant is entitled to a Speedy Trial, see 18 U.S.C. 3161, and the Special
Counsel's motion has no legitimate purpose and will create unnecessary delay.
8. As required by Local Criminal Rule 16.1, Defendant sought discovery from the
Special Counsel 2 1/2 weeks ago and the Special Counsel has not extended the common courtesy
of providing any reply whatsoever.
WHEREFORE, Defendant Concord respectfully requests that the Special Counsel's
motion be denied.
I just read the Politico article about Judge Friedrich denying the postponement for “suckass” Mueller . His bluff has been called and the boomerang effect is now appearing . God works in mysterious ways .
Did Mueller never expect to be called out? Does Mueller realize what this exposure does to his credibility? Or am I even asking the right questions?
“Pettifoggery”. That’s legalize for “my opponent is a deceptive weasel”
Judge rejects Mueller's request for delay in Russian troll farm case <- this article?
It's where I got a link to the Defendant's Opposition to Continue.
I like "SC's own fault summons was not properly served," as well as the overarching point in paragraph 1, that SC appears to be making up authority out of thin air. That fits with the legal theory in the case too, "novel" is the nice term.
Looks like Mueller went from witch hunter to being the hunted.
Mueller's ever increasingly outrageous behaviors these past weeks (raiding the President's lawyer's office, wiretapping the President's lawyer) were all intended to provoke Trump into firing him. Then Mueller could play the victim and the Dem/GOP uniparty would then call for Trump's impeachment.
Mueller didn't think anyone would actually fight him in court where there would be the requirement of Mueller turning over his evidence (of which he likely has none.)
Mueller wanted this to be a trial by MSM, because exposing the details of his investigation will expose the raw corruption of the FBI's attempt to overturn the U.S. Election results; the largest political crime in U.S. History.
LOL
“...God works in mysterious ways...”
Thank you Lord for this ruling that is the beginning of the (or there is a good chance that is) end for Rosenweasel and cabal. God does indeed work in mysterious ways.
Who knew Mueller was a gambler? Appearances are this is NOT a new idea/process used by Mueller? Does this not bring into question every prosecution he has ever prosecuted?
Mueller’s legal history in the federal government is as a bungler who has often gotten away with it only by the constant threats of his persecution of defendants with weak legal counsel, and other times has been hung on his own petard before or after trial by the courts.
I see another Obama lacky and perfume Princess J. Rhee was the genius behind the SC legal filings.
No doubt a prime example of the “powerhouse” legal minds at work in the SC. Without the Power of the Government behind them most would be doing public defender work or legal aide work in Podunk .
Awesome! Kick in the nutz to Herr Mueller. He needs many more.
Everyone appears to be missing the most important statement in this filing. They state that they want a speedy trial. To me that they want to force Mueller to start the trial immediately and that forces them to produce discovery evidence within a few weeks instead of the normal slow walking normally done by the Feds. Chances are that the defense will demand an expedited motion and discovery schedule which puts Mueller at a disadvantage.
Yeah you’re right. Mueller and team screwed the pooch and his normal incompetence from overreaching will be again on the world stage.
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