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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 21-58, Document 39-2, 04/01/2021, 3068530, Page127 of 200 k7e2MaxC kjc We believ ther the reach of be foreclosed by th the NPA, ar Ss 64 ignificant motions relating to fore your Honor in a bail proceeding, cite to you the -- A-N-N-A-B- case, the U fice of the of Ss plea is entered unless which says, A i cases the government I'm going to skip ttorney for the Le a agreement contemplates a broader restriction," and is going to be our argument. at the appropriate time. the mix in evaluating the weight of this one, which we are not going to litigate here that are not even does cite to you. They the Annabi case, "The plea agreement binds only district in which the fFfirmatively appears that the that in part For today's purposes, it So we will make it the to your Honor should be in evidence as should the points just made about the perjury charge and we think that there are other significant legal challenges to the indictment. We also think there are significant issues with the weight of the evidence. The government chose to indict conduct that's 25 years old, your Honor. You will see when you get our motions that this, we think, is an effort to dance around the NPA, to come into an earlier time period, a related time period. It's all tactics. That's all this is about. This case 1s about tactics. It's an effort to dance around the NPA. But the fact of the matter is the government THE COURT: Mr. Cohen, I'm sorry, by that do you mean that the time period charged is not covered by the NPA. There is going to be MR. COHEN: Right. Exactly. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019986