Lil Durk Confronts Secret Conference After Push to Remove Judge & Prosecutors

Lil Durk
NEWARK, NEW JERSEY - OCTOBER 28: Lil Durk performs during iHeart Powerhouse 105.1 at Prudential Center on October 28, 2023 in Newark, New Jersey. Photo by Michael Loccisano/Getty Images for iHeartRadio

Rapper Lil Durk is fighting a federal judge's plan to hold a closed conference on his motion to disqualify the entire bench and prosecution team from his California murder-for-hire case, according to ABC News, on the grounds that the action would be unconstitutional.

The disagreement, according to AllHipHop, involves a ruling by Judge Michael W. Fitzgerald, who set a nonpublic status meeting for November 18 to address Durk's sweeping motion seeking to disqualify every judge in the Central District of California, along with the U.S. Attorney's Office overseeing the case. Durk's attorneys, on the other hand, say the matter must remain open to protect public trust.

His legal filing states, "As Justice Brandeis observed, 'sunlight is said to be the best of disinfectants.'"

Durk's lawyers say the secrecy violates the Sixth Amendment, which guarantees a defendant the right to a public trial. They say the judge's decision bolsters their contention that the disqualification motion must be transferred to a different jurisdiction unconnected to the alleged threats and concealed communications.

The filing explains that the public "must hear arguments about the threats prosecutors concealed for seven months."

The threats, purportedly against Magistrate Judge Patricia Donahue and lead prosecutor Ian Yanniello, were not revealed to the defense for months, even as both officials continued to handle key parts of the case. Attorneys for Durk say this withheld information, coupled with what they characterize as improper, unreported interactions between prosecutors and court staff, erodes confidence in the fairness of the proceedings.

They also contend that, while a motion to recuse is pending, Judge Fitzgerald may not issue any rulings in the case. The defendant relies on federal rules and prior decisions to argue that when a judge's impartiality is challenged, active decision-making in a case must be suspended until an independent court resolves the issue.

Durk's team is demanding that all proceedings pause immediately and that an out-of-district judge be assigned to determine whether disqualification is warranted. They contend a private conference would raise the same concerns of neutrality and transparency that their motion seeks to address.

Lil Durk is awaiting trial on federal charges connected to the alleged murder-for-hire scheme that targeted Savannah rapper Quando Rondo.

The plot, prosecutors said, was in retaliation for the killing of King Von in November 2020 after Von's associate Lul Pab died in the shooting, leading to heightened tensions.

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