US Judge Jesus Bernal has given Jason Cardiff permission to flee travel to Ireland.

Judge Bernal’s July 25th order is brief, stating only that “good cause” had been shown by Cardiff in his request for permission to leave the US.

Judge Bernal’s decision overruled concerns raised by the DOJ, asserting Cardiff (right) was a flight risk and proven liar.

Once the defendant leaves the United States, he will be free to travel to Ireland and any other foreign jurisdiction, should he choose.

Indeed, he could leave Ireland and travel to another country that does not have an extradition treaty with the United States.

Defendant has a record of disobeying court orders and lying to the court. He cannot be trusted to tell the truth to the Court or comply with conditions set by the Court on his word alone.

Judge Bernal’s order allows Cardiff to travel to Ireland for 10 days. A travel itinerary is to be submitted to the US Probation Office.

In related news, a second motion requesting permission to withdraw as Cardiff’s attorney was filed on July 25th. The court approved the motion later the same day.

As it stands, here’s the current situation regarding Cardiff’s pending criminal trial:

  • Cardiff failed to dismiss the criminal case against him last month;
  • Cardiff’s previous legal counsel has withdrawn a month out from trial due to Cardiff’s failure to meet contractual obligations (although not explicitly clarified, this is believed to be non-payment of fees);
  • Cardiff is currently not represented by legal counsel in his criminal case;
  • the DOJ was denied an opportunity to review supporting evidence tied to Cardiff’s request to travel to Ireland;
  • the DOJ’s concerns about Cardiff potentially engaging in witness tampering have been ignored;
  • instead of ordering him to secure new legal counsel and prepare for trial, Judge Bernal has given Cardiff permission to travel to Ireland for ten days;
  • Cardiff’s criminal trial remains scheduled to kick off on September 3rd, 2024; and
  • if convicted on all counts, Cardiff, 49, is facing up to 57 years in prison

I suppose on the plus side ten days isn’t all that long to wait to see if Cardiff does in fact flee. Stay tuned…

 

Update 27th August 2024 – Cardiff appears to have returned to the US sometime in August. This is based on there being nothing about him absconding in late August court filings.

Said filings pertain to a request to delay Cardiff’s trial, filed on August 22nd. In the filing, Cardiff requests his September 2024 trial be pushed back to 2025.

The request is based on Cardiff switching lawyers in late July and lacking time to prepare for trial. The DOJ did not oppose the request.

The court granted Cardiff’s request on August 23rd, delaying his criminal trial to February 4th, 2025.

 

Update 5th September 2024 – On September 3rd Jason Cardiff filed a second ex-parte application, again requesting permission to travel to Ireland.

Mr. Cardiff respectfully requests the Court’s permission to travel to Ireland.

This request is made to allow Mr. Cardiff to assist his wife, Eunjung Cardiff, with her ongoing medical needs during the time period and assist with their small child.

Mr. Cardiff also has scheduled necessary medical appointments for himself, including a consultation with his pulmonologist.

Cardiff proposed he be permitted to leave the US on September 9th and return to Texas on September 25th.

The DOJ opposed Cardiff’s motion for the same reasons cited in their previous filing.

Once again the court overruled the DOJ’s opposition and granted Cardiff’s motion on September 4th.

 

Update 23rd November 2024 – On October 24th Cardiff filed a third ex-parte application seeking permission to travel to Ireland. This time for his own purported medical treatment.

Once again the DOJ opposed…

Defendant’s medical plan is confusing.

The government requests the Court examine defendant’s medical substantiation to ensure defendant is receiving the appropriate care given his known medical conditions.

…but was once again overruled.

On November 20th the court granted Cardiff permission to travel to Ireland again.

IT IS HEREBY ORDERED that Jason Cardiff shall be permitted to extend his travel to Ireland for thirty days for purposes of medical testing, evaluation, and treatment. He shall return to Texas no later than December 20, 2024.

Of note is an excerpt from a filed November 18th supplemental reply by Cardiff’s lawyer;

Ultimately, this is about Mr. Cardiff’s health and safety when it comes to travel.

Given Mr. Cardiff’s scrupulous compliance with pretrial conditions, it is respectfully submitted that the Court should be allowed to get needed medical testing and treatment grant the request to assure that Mr. Cardiff does not sustain a serious health problem on his return to the United States.

Counsel will file an appropriate motion to seal of the medical records at issue to eliminate all doubt that qualified physicians
have reached an opinion that Mr. Cardiff is “unfit to fly” and will do later this afternoon.

With Cardiff’s criminal trial in the US pending, you can probably see where this is going.

 

Update 22nd December 2024 – Not surprisingly, Cardiff’s criminal trial has been delayed to July 2025.