DECISION AND ORDER I. INTRODUCTION Defendant George Moses (“Moses”) seeks to sever his trial from that of his co-defendant, Janis White (“White”). (Dkt. 53). Moses and White are charged together with a conspiracy to commit wire fraud, along with related substantive wire fraud counts. (Dkt. 42). Because there is no reasonable basis to try these two defendants separately on the conspiracy and wire fraud counts, the Court denies Moses’ request to sever his trial from White’s trial. Therefore Moses will at least be jointly tried with White on the counts with which they are both charged-the wire fraud conspiracy and related substantive wire fraud counts charged in counts 32 through 42 of the Second Superseding Indictment, as well as the related theft charged against Moses in count 43. However, because the Court requires additional information-namely White’s anticipated severance motion-to be able to fully evaluate Moses’ other severance requests, including his request to sever White’s obstruction counts, the Court reserves decision on the remaining aspects of Moses’ severance motion. The Court needs to assess White’s to-be-filed severance motion in order to adequately exercise its discretion and decide the remaining aspects of Moses’ pending severance motion. In other words, the severance motion that White’s counsel has indicated he intends to file is necessary for the Court to resolve the remaining aspects of Moses’ severance motion. As a result, the Court denies Moses’ severance motion to the extent it seeks to sever his trial completely from the trial of White, but otherwise the Court reserves decision. Moreover, while the Court has already granted an interests-of-justice exclusion from the speedy trial clock pursuant to 18 U.S.C. §§3161(h)(7)(A) and (B)(iv) through February 24, 2020 (Dkt. 47), the Court further notes that the speedy trial clock remains stopped pursuant to 18 U.S.C. §3161(h)(1)(D) because Moses’ severance motion remains pending and the Court does not yet have all information needed to fully decide the motion-namely, the information that will be obtained through the briefing and oral argument of White’s planned severance motion. See Henderson v. United States, 476 U.S. 321, 330-31 (1986) (delay under §3161(h)(1)(F), now codified at §3161(h)(1)(D), excludes time resulting from the filing of any pretrial motion without any limiting qualification that the delay be “reasonably necessary” and further excludes time “after a hearing on a motion but before the district court receives all the submissions by counsel it needs to decide that motion”). II. FACTUAL AND PROCEDURAL BACKGROUND A. The Charges On May 9, 2019, an Indictment was returned charging Moses with two separate counts of making false statements in violation of 18 U.S.C. §1001(a)(2). (Dkt. 12). Moses allegedly made the purportedly false statements on July 25 and 31, 2018, during interviews with the Federal Bureau of Investigations (“FBI”), conducted as part of an investigation of an alleged fraudulent scheme in 2015 involving former Rochester City Councilmember Adam McFadden (“McFadden”), McFadden’s company Caesar Development LLC, the Rochester Housing Authority (“RHA”), and other entities and individuals as detailed in the Indictment. On October 24, 2019, a Superseding Indictment was returned against Moses, adding an additional 26 counts to the §1001(a)(2) charges. (Dkt. 36). Less than one month later, on November 21, 2019, a Second Superseding Indictment (“SSI”) was returned, adding additional charges and including White as a defendant. (Dkt. 42). Moses is alleged to have served as Chairman of the Board of Commissioners of RHA, and as a member of the Board of Directors of Rochester Housing Charities (“RHC”), an entity formed by RHA. (Id. at
