NEW YORK — The judge overseeing the trial of Tom Barrack and his assistant on charges they acted as unregistered foreign agents said he may dismiss some of the counts against them before the case goes to the jury this week.
U.S. District Judge Brian Cogan in Brooklyn said Monday he’s considering “thinning some things out” with a ruling on defense motions for acquittal on counts for which the prosecutions has presented insufficient evidence. Closing arguments in the case are scheduled for Tuesday.
“Do you mean you’re contemplating not letting certain counts go to the jury?” asked federal prosecutor Sam Nitze when Cogan made his comments outside the jury’s presence.
“Correct, believe it or not,” Cogan said. “Yes, I’m considering that. I’m also considering not letting certain theories, theories of liability under the existing counts go to the jury, but don’t ask me to preview it because I haven’t decided.”
The judge gave no indication which counts he was inclined to toss, but any narrowing of the case this close to the end of trial would be a major victory for the defense. The jury is supposed to begin deliberations Wednesday.
Prosecutors allege Barrack, the founder of Colony Capital LLC, illegally sought to influence the policies of his friend Donald Trump during his 2016 presidential campaign and his White House administration.
Both Barrack and his former assistant, Matthew Grimes, are charged with one count of acting as agents of the United Arab Emirates without notifying the attorney general and one count of conspiring to act as unregistered UAE agents.
Barrack also is charged with one count of obstructing a grand jury investigation and six counts of making false statements during an interview with the FBI in June 2019.
