Dalya Attar moves to dismiss parts of blackmailing indictment

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Maryland state Sen. Dalya Attar, D-Baltimore City, on Tuesday moved to dismiss parts of her indictment for a scheme to blackmail a former campaign consultant.

Attar filed a motion to dismiss three of the eight counts against her as a matter of law, arguing that she didn’t attempt to extort her former campaign consultant for “anything of transferrable economic value” — she only wanted to be free from “stalking, harassment, threats, and demands.”

Attar, her brother Joseph Attar and their friend Kalman Finkelstein, a Baltimore police officer, were indicted in October on extortion and conspiracy charges for spying on the former campaign consultant and setting up recording devices in her home to obtain evidence of her having an affair.

They allegedly threatened to leak the evidence to prevent the former consultant, identified in the indictment as “Victim 1,” from speaking out publicly against Attar during a run for the Maryland House of Delegates.

All three pleaded not guilty last month.

In her motion to dismiss, Attar alleges the person undertook a “prolonged campaign of harassment.”

“Beware … When u least expect it, expect it. Goodbye. This is my final warning,” Victim 1 wrote in a WhatsApp message to Attar, according to a screenshot included in the motion to dismiss.

The three defendants, the motion states, “simply wanted to be left alone.”

“‘Victim 1′ was anything but a victim as the facts will continue to show,” the motion states.

“[T]he allegations in the Indictment illustrate that the Defendants simply sought to be free of harassment and antagonization from Victim 1. The value of that freedom — while of legitimate interest to the real victims in this case — does not constitute a transferable property interest required for federal charges. This is not extortion.”

Attar also alleges that this case — which accuses the defendants of recording someone without their consent — is itself based on illegal recordings of Joseph Attar. She claims that her brother was illegally recorded without his consent by the person known as Victim 2, the man with whom Victim 1 had an affair, before Victim 2 became a government informant.

The government does not have a video of the victims having sex, according to the motion.

Attar’s motion does not seek to dismiss the conspiracy charge, the charge for interception and disclosure of a wire or electronic communication, or three of the charges under the Travel Act.

Attar is represented by defense attorneys Jeff Ifrah and Jim Trusty.

U.S. District Judge Stephanie Gallagher set a Jan. 19 filing deadline for pretrial motions. Finkelstein and Joseph Attar have not filed any pretrial motions.

Meanwhile, the Maryland General Assembly met for a special session Tuesday to elect Del. Joseline Peña-Melnyk, D-Prince George’s, as House speaker, and to override several vetoes by Gov. Wes Moore. Attar was not present.

Daily Record Government Affairs Reporter Hannah Gaskill contributed to this story.