Dabney Friedrich Dabney Friedrich appears for her confirmation hearing in 2017. Photo: Diego M. Radzinschi / ALM

A federal judge on Monday pressed lawyers to prepare for an April trial in the prosecution of a Russian company charged with interfering in the 2016 presidential election, expressing frustration over delays in a case that was originally brought by former Special Counsel Robert Mueller III's office.

"We're now on a trial track," declared U.S. District Judge Dabney Friedrich of the District of Columbia, during a 90-minute court hearing in Washington's federal trial court. She added: "If I left this up to you all, we wouldn't be trying this case until 2021."

Friedrich, federal prosecutors and defense lawyers for the Russian company, Concord Management and Consulting, have argued for months over evidence in the case and who gets to see it.

Concord Management, represented by the law firm Reed Smith, was among several Russian organizations and individuals charged in February 2018 with carrying out a scheme that involved purchasing advertisements and posing as Americans on social media, all with the aim of sowing discord in the U.S. electorate.

Of the 16 defendants charged in the case, Concord Management is the only one that has answered to the accusations in Washington federal court. Concord Management has mounted an aggressive defense, with Reed Smith partner Eric Dubelier attacking Mueller's appointment as unlawful and arguing the special counsel's office charged the Russian company with a "made up crime."

On Monday, Dubelier said he plans to make another attempt to have the case against Concord dismissed. Dubelier also revealed that, after months of grousing about the challenges of sharing sensitive case materials with Concord Management, he is traveling in coming weeks to meet with his foreign client. The company is headed by Yevgeny Prigozhin, a wealthy businessman with close ties to the Kremlin who was among the Russian individuals charged by Mueller's office in February 2018.

Mueller's team handed the case off to career prosecutors in Washington earlier this year after the special counsel investigation ended. The case against Concord, along with the other Russian defendants, has centered on claims that they took steps to conceal their interference efforts from the U.S. government, namely the Federal Election Commission and U.S. Justice Department.

From the bench on Monday, Friedrich denied Dubelier's bid to extract further information from prosecutors about their case against Concord Management. "Put simply," Friedrich said, "Concord has what it needs" to prepare for trial.

The case has featured tense moments between Dubelier and Friedrich, who scolded him earlier this year over court filings in which he cited Tweety Bird and the 1978 film "Animal House."

"Knock it off," Friedrich told him, describing his court filings as "unprofessional, inappropriate, and ineffective."

Eric Dubelier Eric Dubelier of Reed Smith, a lawyer for Concord Management and Consulting LLC, charged in a special counsel's case, exits federal court in Washington, D.C., on June 15, 2018. Photo: Diego M. Radzinschi / National Law Journal

On Monday, Dubelier displayed his bold style, but his relationship with Friedrich appeared to have warmed. As Dubelier argued that Concord faces an unprecedented prosecution—a "one-of-a-kind indictment in the history of our country"—Friedrich rose from her chair. Flashing a smile, she said she had a sore hip and urged Dubelier to continue speaking.

"Now you're intimidating me. Can I stand on a box?" Dubelier said. "At least it wasn't me causing you pain."

Friedrich, responding with a joke of her own, said it was "both."

 

Read more:

Judge Warns Prosecutors About Public Statements in Case Against Russian Firm

Jeannie Rhee, Mueller Prosecutor and Ex-Wilmer Partner, Joins Paul Weiss

'Knock It Off': Judge Upbraids Reed Smith Partner Litigating Mueller Case

How Law Firms Are Protecting Sensitive Information in Russia Cases