| Jeffrey Epstein Procurer
Maxwell Cited Non Prosecution Agreement But
SDNY Disagrees
By Matthew
Russell Lee Patreon Periscope Song
BBC
- Decrypt
- LightRead - Honduras
-
Source
SDNY COURTHOUSE,
July 13 – After the death of
Jeffrey Epstein in the MCC
prison, on July 2 Acting US
Attorney for the Southern
District of New York Audrey
Strauss announced and unsealed
in indictment of Maxwell on
charges including sex
trafficking and perjury.
Inner City Press went to her
press conference at the US
Attorney's Office and asked,
Doesn't charging Maxwell with
perjury undercut any ability
to use testimony from her
against other, bigger
wrong-doers? Periscope here
at 23:07.
Strauss
replied that it is not
impossible to use a perjurer's
testimony. But how often does
it work?
On July 10,
Ghislaine Maxwell through
counsel asked to be released
on $5 million bond.
One argument:
"Ms. Maxwell intends to mount
several legal challenges to
the indictment, including
that: (i) this prosecution is
barred by Epstein’s September
24, 2007 non-prosecution
agreement with the Department
of Justice, which covers “any
potential co-conspirators of
Epstein” -- Full letter on
Patreon here.
Now the US
Attorney has opposed,
including: "the notion that
the defendant is protected
from prosecution by the
Non-Prosecution Agreement
(“NPA”) between Jeffrey
Epstein and the U.S.
Attorney’s Office in the
Southern District of Florida
(“SDFL”) is absurd. That
agreement affords her no
protection in this District,
for at least three reasons.
First, the defendant was not a
party to that agreement nor
named in it as a third-party
beneficiary, and the defendant
offers no basis to think she
would have standing to claim
any rights under the NPA.
Tellingly, the defendant cites
no authority for the
proposition that an agreement
she was not a party to and
that does not even identify
her by name could possibly be
invoked to bar her
prosecution. Second, and
equally important, the NPA
does not bind the Southern
District of New York, which
was not a party to the
agreement. See United States
v. Annabi, 771 F.2d 670, 672
(2d Cir. 1985) (per curiam)
(“A plea agreement binds only
the office of the United
States Attorney for the
district in which the plea is
entered unless it
affirmatively appears that the
agreement contemplates a
broader restriction.”));
United States v. Prisco, 391
F. App’x 920, 921 (2d Cir.
2010). This rule applies even
when the text of the agreement
refers to the signing party as
the “Government.” Annabi, 771
F.2d at 672. Third, and
perhaps most important, even
assuming the NPA could be read
to protect this defendant and
bind this Office, which are
both legally unsound
propositions, the Indictment
charges conduct not covered by
the NPA, which was limited by
its terms to conduct spanning
from 2001 to 2007, a time
period that post-dates the
conduct charged in the
Indictment, and to violations
of statutes not charged in
this Indictment. In this
respect, the Government
further notes that the
Indictment brought in this
District is entirely
independent of the prior SDFL
investigation, and two of the
victims referenced in the
Indictment were never
approached or interviewed by
the SDFL, and had never spoken
to law enforcement until they
met with our Office in 2019."
Full US Attorney
letter on Patreon here.
After 8 pm
on July 7, this (full
order on Patreon here)
- "ORDER as to Ghislaine
Maxwell. An arraignment,
initial conference, and bail
hearing in this matter is
hereby scheduled to occur as a
remote video/teleconference
using an internet platform on
July 14, 2020 at 1 p.m...
Given the high degree of
public interest in this case,
a video feed of the remote
proceeding will be available
for viewing in the Jury
Assembly Room located at the
Daniel Patrick Moynihan
Courthouse, 500 Pearl Street,
New York, NY. Due to social
distancing requirements,
seating will be extremely
limited; when capacity is
reached no additional persons
will be admitted. Pursuant to
18 U.S.C. § 3771(c)(1), the
Government must make their
best efforts to see that crime
victims are notified of, and
accorded, the rights provided
to them in that section. So
that appropriate logistical
arrangements can be made, the
Government shall inform the
Court by email within 24 hours
in advance of the proceeding
if any alleged victim wishes
to be heard on the question of
detention pending trial."
Earlier on
July 7, after the Bureau of
Prisons website listed
Ghislaine Noelle Maxwell as in
Brooklyn MDC (Metropolitan
Detention Center), as Inner
City Press was covering an
unrelated bail hearing the
defense lawyer said, "MDC is
in lock-down due to a loose
gun." See Inner City Press
live tweet here,
picked up.
Shouldn't
the BOP be more transparent -
every day, but particular
given what happened with
Epstein in MCC, now with
Maxwell in MDC? Watch this
site.
At 3:30 pm
on July 2 Maxwell appeared in
the U.S. District Court for
the District of New Hampsire,
before Magistrate Judge Andrea
K. Johnstone.
Inner City
Press live
tweeted it
here.
Now on July 6,
this from a
letter, full
copy on
Patreon here:
"Re:
United States
v. Ghislaine
Maxwell, 20
Cr. 330 (AJN)
Dear Judge
Nathan: On
behalf of our
client,
Ghislaine
Maxwell, we
respectfully
submit this
letter in
response to
the Court’s
order from
earlier today
regarding the
scheduling of
the
arraignment,
initial
appearance,
and bail
hearing in
this matter.
We have been
attempting to
contact our
client at the
Metropolitan
Detention
Center; we
were able to
speak to her
for the first
time today
just before
9:00pm this
evening. She
has agreed to
waive her
physical
presence for
these
proceedings.
As directed by
the Court, we
have met and
conferred with
the Government
regarding
scheduling.
All parties
will be able
to proceed
remotely on
the morning of
July 14, 2020.
The defense
will not be
able to
proceed on
July 9, 2020.
We will meet
and confer
further with
the Government
tomorrow
regarding a
proposed
briefing
schedule and
anticipate
providing a
joint proposed
briefing
schedule for
the Court’s
consideration
by the end of
the day."
In
the July 3 media coverage of
Maxwell, media all of the
world used a video and stills
from it of Maxwell speaking in
front of a blue curtain, like
here.
What they
did not mention is something
Inner City Press has been
asking the UN about, as under
UNSG Antonio Guterres with his
own sexual exploitation issues
(exclusive video
and audio)
it got roughed up and banned
from the UN: Ghislaine Maxwell
had a ghoulish United Nations
press conference, under the
banner of the "Terramar
Project," here.
Now on
July 5, after some
crowd-sourcing, Inner City
Press can report on another
Ghislaine Maxwell use of the
United Nations, facilitated by
Italy's Permanent
Representative to the UN, UN
official Nikhil Seth and Amir
Dossal, who also let into the
UN and in one case took money
from convicted UN briber Ng
Lap Seng, and Patrick Ho of
CEFC China Energy, also linked
to UN Secretary General
Antonio Guterres.
At the
Ghislaine Maxwell UN event,
the UN Deputy Secretary
General was directly involved.
List of (some of)
the participants on Patreon here.
Antonio Guterres
claims he has zero tolerance
for sexual exploitation, but
covers it up and even
participate in it. He should
be forced to resign - and/or
have immunity waived.
Terramar
has been dissolved, even
though Maxwell's former
fundraiser / director of
development Brian Yurasits
still lists the URL on his
(protected) Twitter profile,
also here.
But now
Inner City Press has begun to
inquire into Ghislaine
Maxwell's other United Nations
connections, starting with
this photograph of another
day's (or at least another
outfit's) presentation in the
UN, here.
While co-conspirator Antonio
Guterres has had Inner City
Press banned from any entry
into the UN for two years and
a day, this appears to be in
the UN Economic and Social
Council (ECOSOC) chamber.
We'll have more on this, and
on Epstein and the UN. Watch
this site.
The case
is US v. Maxwell, 20-cr-330
(Nathan).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
