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Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 47 of 74 a7 1 constitute the predicate of detention and the predicate —-- 2 THE COURT: The $250,000 and the $100,000? 3 MR. WEINBERG: Yes, your Honor. 4 The government says -- and I think they're being 5 candid in their language in the last sentence on page 11 -- 6 that "Given the timing, it suggests" -- and I underline that 7 word "the defendant was attemoeting to further influence 8 coconspirators who might provide information." 9 So the government and I think they've been candid 10 today -- has not confirmed the witness testimony through 11 corroboration, through any other corroborative mechanism 12 whether this was an act of generosity or an act that somehow 13 was connected to what the government suggests might have been a 14 motive. 15 But this occurring when there was no pending judicial 16 proceeding and no knowledge of a pending investigation doesn't 17 rise to the level of a federal obstruction which requires th 18 pendency or the foreseeability of a federal investigation under 19 the Supreme Court's decision in Aguilar, A-g-u-i-l-a-r, a judge 20 in California. 2l We just contend that even when you look backwards to 22 whether this constitutes an obstruction, the payment of an 23 emoloyee or the payment of a friend is simply not witness 24 tampering because the Miami Herald ran an article. 25 It simply doesn't rise to the level of a past crime SOUTHERN DIS TR CT REPORT (21 2) 805-0300 BRS, P.C. DOJ-OGR-00000557