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Case 1:19-cr-00490-RMB Document 36 1 government is not aware of any at this time, your Honor. 2 Now, turning just very briefly to some of the legal 5 arguments that defense counsel raised in their submission, the 4 defendant raised legal arguments that he says he intends to 5 argue later. 6 The Court should have no confidence whatsoever that 7 the defendant would stick around to pursue long-shot, dubious 8 legal arguments at some future time. As set forth in the 9 government's submission, the non-prosecution agreement does not 10 preclude this prosecution. 11 And even if that agreement were applicable to this 12 district, which it is not, the defense itself acknowledges that 13 the indictment included evidence beyond the initial 14 investigation. That effectively moots this issue for the bail 15 argument. This case will go forward. 16 The defendant will lose any argument about due 17 process. He will lose any argument about pre-indictment delay. 18 And if he choses to be tried before a jury of his peers, we are 19 confident he will be convicted. 20 The Court should ensure he is here when that time 21 comes by ordering his detention. 22 THE COURT: Counsel. 23 MR. WEINBERG: Thank you, your Honor. 24 E can, your Honor, before responding to the Court's 25 questions, put this case in some context Filed 07/24/19 SOUTH BRN DISTR CT REPORT (212) 805-0300 ERS, 2) Page 21 of 74 21 DOJ-OGR-00000531