Atty for Jose Zarate: Our Client Is Punished for Exercising His Right to Go to Trial
RUSH EXCERPT:
SMITH: "Because of political motivation. Do you somehow have prove that politics play a bigger part when prosecutors were deciding to come forth with charges against your client?"
BELYI: "So not necessarily political motivation but a vindictive motivation. What that really means is that our client is actually being punished for exercising his right to go to trial. That’s what — the concept of vindictive prosecution is that a person should not be punished for doing something that he has a right to do. So if, for example."
SMITH: "He is being punished for those two charges and federal prosecutors have the right to prosecute this man to the fullest extent of the law."
BELYI: "So, that’s correct unless that prosecution is vindictively motivated. The Supreme Court of the United States has, you know, created this — not created this policy but has spoken to that as well. So it’s not just whether or not the prosecution has a right to pursue charges. Of course the federal government has the right to pursue charges against a person."




