A Manhattan federal judge told prosecutors Tuesday to “put up or shut up” regarding their threats to slap former NYPD Commissioner Bernie Kerik and his lawyer with contempt-of-court charges.
Chief Judge Loretta Preska made it clear during a hearing that she won’t be deciding on the allegations, instead telling Assistant US Attorney Elliott Jacobson, “You either have to put up or shut up! Either bring the contempt proceedings — or not.”
The feds say Kerik and lawyer Tim Parlatore violated a 2008 court order by tapping into information in sealed government documents to juice up the ex-top cop’s malpractice lawsuit against celebrity lawyer Joe Tacopina.
Jacobson has threatened to bring contempt charges against Kerik and Parlatore unless they reveal the names of women they claim agreed to be confidential witnesses against Tacopina.
These women, according to Team Kerik, had extramarital affairs with Tacopina and allegedly learned through these relationships what he discussed with prosecutors during confidential 2007 meetings. Kerik alleges Tacopina violated attorney-client privileges by revealing information at these meetings that ultimately landed Kerik in the slammer.
However, the feds are questioning whether Parlatore made up the women — and asked Preska to order him to name names.
Preska declined the request, saying it would violate “attorney-client grounds” and Parlatore’s Fifth Amendment right to remain mum.
Jacobson was prosecutor when Kerik was sent to the slammer in 2009 after copping a plea to federal tax-fraud charges and lying to the White House during his failed vetting for Homeland Security chief. Kerik spent three years in prison.
When asked afterward if he would reveal the women’s names if another prosecutor was involved, Parlatore said, “Yes.”
He also said he’s not concerned about being brought up on contempt charges because the government has “no case.”
Judd Burstein, a lawyer for Tacopina, was not at the hearing. When told of Preska’s ruling, he said, “It’s almost unheard of” for a judge to raise the issue of Fifth Amendment protection for a lawyer.
“No lawyer wants to hear he doesn’t have to reveal information because it might incriminate him,” Burstein told The Post.
Tacopina has repeatedly denied the allegations of extramarital affairs and other salacious claims in Kerik’s lawsuit.
Days after being sued, Tacopina in January slapped Kerik with a defamation suit, claiming Kerik fed outrageous “lies” about him to a newspaper for a December “hit piece.”
Tacopina’s long list of A-list clients include shamed Yankees slugger Alex Rodriguez, whom he recently represented in a failed bid to get A-Rod’s Major League Baseball doping ban overturned.