According to documents filed in court today, Ex-Con Bernard Kerik and attorney remain subject of a criminal investigation for contempt
Bernard Kerik made an important appearance today but did not boast about it on twitter.com as his hubris usually requires.
Appearing before Judge Preska, in conference for the continuing legal saga of USA v Bernard Kerik, an official transcript was presented to the court from the 08/05/14 pre-trial conference of the civil defamation suit of Joe Tacopina v Bernard Kerik 14-CV-00749.
The transcript, beginning on page 8, reveals Mr. Burstein (Joe Tacopina attorney) said the following:
…” In the description of what’s going on before Judge Preska, I think Mr. Parlatore left out the fact that he and Mr. Kerik are the subject of a criminal investigation for contempt for having in the Koeltl case used those documents that are covered by the protective order to frame their complaint. And indeed, it seems inconceivable that Mr. Kerik and Mr. Parlatore could have filed a complaint alleging that Mr. Tacopina provided privileged information to the Government without supposedly seeing these notes.”…”the Government had serious concerns and it may even be stronger language that Mr. Parlatore and Mr. Kerik may have committed criminal contempt.”…”also says that if Mr. Parlatore does not reveal certain information they’re coming back to Judge Preska this week.”…
This transcript was a conference held 08/05/14. The docket entries for the court of that period do indicate the Government, under seal, did file a response and intention on the matter. We may only speculate the Government’s intention but it does not look good for Bernard Kerik or his attorney, Timothy Parlatore. Undoubtedly, Judge Preska’s decision on this matter may determine Bernard Kerik’s fate in that Bernie is on probation. A criminal charge at this time could jeopardize Bernie Kerik’s liberty. In my opinion, it couldn’t happen to a better liar felon. It’s ironic that Bernie Kerik filed the first defamation suit against Joe Tacopina which began this war. Without Bernie’s apparent haste to defame Joe Tacopina and get a headline or two, Bernie would be free to live a good life. I am beginning to think for right or wrong, for good or bad, Bernard Kerik just demands the spotlight and attention. Opportunity for a fresh start squandered. Sad. Pathetic.
It was written in the New York Daily News (a former co-defendant of Bernie Kerik in Joe Tacopina’s defamation suit), “Excuse the colloquial language, but put up or shut up.” U.S. District court Chief Judge Loretta Preska told assistant U.S. Attorney Elliott Jacobson in a conference Tuesday. “Bring the contempt proceeding or do not”. Joe Tacopina has been defamed. Judd Burstein doesn’t impress me as a guy who lets go too easily. Let’s just say the US SDNY Prosecutor, Elliott Jacobson, has never been hesitant to charge Bernard Kerik.
The transcript as it was filed in court today: