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In SDNY Donziger Bond Postponed For Garbus In Truro As Speedy Trial Act and CJA Issues Arise

By Matthew Russell Lee, Scoop Patreon, thread

SDNY COURTHOUSE, August 12 – Steven Donziger is still in the process of posting the $800,000 bond to remain at liberty facing criminal contempt charges in the U.S. District Court for the Southern District of New York.

  On August 12 Donzinger's new lawyer Andrew J. Frisch appeared before SDNY Judge Loretta Parker and informed her that while follow lawyer Martin Garbus, staying at Truro near Provincetown in Massachusetts, is willing to co-sign Donziger's bond, it is possible he will not travel to the courthouse in Boston, much less New York, in the time frame specified.

 Frisch offered to find another co-signer. Judge Preska gave him until the close of business on Wednesday, August 14. This is a unique hybrid of a case, both criminal and civil; Judge Preska for the record excluded time under the Speedy Trial Act.   Representing the United States in the proceeding was lawyer Rita J. Glavin, who also serves as an appointed criminal defense attorney on the SDNY's Criminal Justice Act panel, which to some might seem a conflict, into which Inner City Press has respectfully inquired. More on CJA attorneys in the SDNY and MCC below:

In the SDNY news most others are covering: Jeffrey Epstein reportedly committed suicide in the Metropolitan Correctional Center after being removed from suicide watch. This came eleven days after Inner City Press exclusively reported irregularities at the MCC including Epstein then being allowed to use without supervision all day, every day one of the only two legal visit rooms for prisons in the Special Housing Unit of the MCC.

  Now on August 12 District Judge Richard Berman's chambers told the SDNY Press Room that "Jeffrey Epstein's death is a tragedy to everyone involved in this case," several questions arise.

  Will Judge Berman, or another judge, inquire not only what happened in the hours before Epstein's death, but also the days? Why was Epstein allowed to spend so much time presumably outside of any MCC filming in the legal meeting room? Was what took place in there all legal? We'll have more on this.

   Other defense lawyers exclusively complained to Inner City Press about not being able to see on a timely basis their clients in the MCC. Now what will be done about the MCC's (lack of) supervision, including by U.S. District Court for the Southern District of New York Judge Richard M. Berman?

   Epstein had shifts of lawyers purporting to meet with him all day, in a room where the other Criminal Justice Act lawyers said Epstein had access to the Internet. The CJA lawyers had to wait up to four hours to see their clients.

  "It's outrageous," one of the lawyers told Inner City Press. "El Chapo is the only other one who tried this, but he was in a special unit so it didn't impact the rest of us." More on Patreon here.

  Other child sex defendants have conditions that they cannot use the Internet. They are also supervised, especially but not only when on suicide watch. But with Epstein paying lawyers to meet with him all day in the MCC, he was allowed to use the 'Net and presumably more.

At a July 31 status conference his neck did not come up, only the scheduling of now unnecessary discovery and motions and a tentative trial date: June 8, 2020 at 9 am.

 Judge Berman asked the two sides to agree on timing and they mostly did - except that Epstein's lawyers said they preferred a September 2020 trial date. The government said there was a public interest in moving more quickly and that agreeing to June was already a compromise for them. So Berman penciled in June and excluded time under the Speedy Trial Act until them. Now what will he do, about the suicide and the questions it raises?

  The government said all discovery would be provided by October 31 except for some material from devices seized in New York being evaluated by the FBI. A first round of defense motions were due September 13, for oral argument on October 28 at 10 am.

 Substantive motions were due January 10 from the defense, February 10 from the government and replies February 24; oral argument on these will be on March 12. And then, it was said, the June 8 trial. Now no more.

  Epstein's lawyers in asking for September said they wanted to assess if Epstein could exercise his Constitutional rights - all of them, it now seems, including a natural law right to self erasure - while in the MCC. They were implying that Epstein could not work on his defense while in the MCC. Many people do it. But Jeffrey Epstein... is Jeffrey Epstein, rather like UNSG Antonio Guterres is Antonio Guterres. Inner City Press will stay on this and other cases in the SDNY.

 Meanwhile the SDNY prosecutors more quietly cut a cooperation agreement with another child sex trafficking Anthony Darby.

   Inner City Press had gone to the SDNY courtroom of Judge Paul Engelmayer to cover another matter. But inside the courtroom a shackled man was pleading guilty. The courtroom deputy came over to say this was not the case Inner City Press had come to cover. But Inner City Press stayed to cover it. Soon Assistant US Attorney Wolf requested a sidebar with Judge Engelmayer.

  The reason quickly became clear. Darby was pleading guilty to 14 counts, sex trafficking of minor and conspiracy, in exchange for cooperation he would get a 5K1.1 letter - in April 2020. Judge Engelmayer to his credit, unlike at least two other SDNY Judges, did not lawlessly order the Press to leave. And for that reason for now Inner City Press is reporting only these bare bones facts: that amid criticism of the Jeffrey Epstein non prosecution agreement, this Darby deal is taking place in the SDNY. Is it a good deal? We'll have more on this.

  That Jeffrey Epstein, now in the Metropolitan Correctional Center by Foley Square, would be denied bail on July 18 at 11:30 am was widely predicted. On July 17, after Judge Berman moved the time for his decision from 9:30 to 11:30 am the next day, Assistant US Attorney Alison Moe wrote to him: "The Government respectfully submits this letter to briefly respond to one aspect of the defendant’s July 16, 2019 letter (ECF No. 24), and to provide the Court with additional information regarding the defendant’s foreign passport. The defendant’s July 16, 2019 letter asserts: “[A]s for the Austrian passport the government trumpets, it expired 32 years ago. And the government offers nothing to suggest—and certainly no evidence—that Epstein ever used it.” (ECF No. 24 at 7). In fact, the passport contains numerous ingress and egress stamps, including stamps that reflect use of the passport to enter France, Spain, the United Kingdom, and Saudi Arabia in the 1980s. The Government further notes that the defendant’s submission does not address how the defendant obtained the foreign passport and, more concerning, the defendant has still not disclosed to the Court whether he is a citizen or legal permanent resident of a country other than the United States." Watch this site.

On July 15 SDNY Judge Richard M. Berman asked five questions after saying he won't rule until July 18 at 9:30 am in his courtroom. Inner City Press thread on Twitter here. More on Patreon, here.

 On July 16 on the issue of the passport the US wrote to Judge Berman that "During the Detention Hearing, the Government informed the Court that it had recently learned that law enforcement agents had seized what appears to be an expired foreign passport (the “Foreign Passport”) from a safe in the defendant’s Manhattan residence during the execution of a search warrant on or about July 6, 2019. The Foreign Passport has a photograph that appears to depict the defendant, but lists a different name. Photographs of that passport are annexed hereto as Exhibit B. In the same safe, agents discovered what appears to be an expired United States passport issued to the defendant, in his true name, within three years of the date on the Foreign Passport. A photograph of that United States passport is annexed hereto as Exhibit C, so that the Court may compare the passports, both of which appear to depict the defendant. Because Exhibits B and C contain personally identifiable information and sensitive information relevant to the ongoing investigation, the Government respectfully requests that Exhibits B and C be filed under seal.  The Government is attempting to obtain additional information about the Foreign Passport, including how it was obtained and whether the passport is genuine or fabricated. But the defendant’s possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other, foreign identities. This adds to the serious risk of flight posed by the defendant. FN:  The Government has asked defense counsel to advise whether the defendant is currently, or has been in the past, a citizen or legal permanent resident of a country other than the United States. To date, defense counsel has declined to respond. Certainly if the defendant is, or has been, a citizen or permanent resident of another country, that would add significantly to the overwhelming evidence of risk of flight."

 As to Epstein's allegedly claiming to be a Saudi resident, it is worth noting as Inner City Press tweeted that Epstein funded the expansion of a UN-centric NGO into Bahrain, here.

  Epstein's lawyer Martin Weinberg said among other things that Epstein is not an out of control rapist, and offered to post $100 million bail.

 In response to Judge Berman's question on who in the Department of Justice signed off on the non prosecution agreement, Weinberg cited the current Under Secretary of Treasury, who is Sigal P. Mandelker, and also Mark Filip.

  Assistant US Attorney Alex Rossmiller said they have found a passport from a foreign country, with Epstein's photo in it but another name, listing him as a resident of Saudi Arabia. Judge Berman asked for a sample of what was found in Epstein's East 71st Street mansion - and asked for any further written filings by July 16 at 5 pm. He will rule, drum-roll, on July 18 at 9:30 am in his courtroom (which on July 15 was called too full for Inner City Press.) More on Patreon, here. Watch this site.

Back on March 6 when the question of releasing or at least reviewing sealed Jeffrey Epstein documents was taken up by the U.S. Court of Appeals for the Second Circuit, Inner City Press story here, Alan Dershowitz was there. Afterward by the elevators in 40 Foley Square Inner City Press asked Dershowitz, what he'd thought of Judge Sweet's decision. He began to say, Judge Sweet made a mistake - when first his lawyer gestured that they should go, and then the clerk of court asked everyone to leave the floor.

 Now it's reported not only that on July 8 Epstein will be presented and indicted on sex trafficking charges but also that a search warrant was executed on Epstein's Manhattan mansion at 8 East 71st Street on July 6. Epstein is in the Metropolitan Correctional Center, photo here, along with among others convicted UN briber, Antonio Guterres linked, Patrick Ho of CEFC.

  Cursory research revealed not only Epstein as a member of the Council on Foreign Relations, but bragging about his financial support to CFR, through the Jeffrey Epstein VI Foundation. Photo here. What will CFR say? Will they belatedly be returning the money?

While some call it a pink hued building on a dead end street, his mansion is at 9 East 71st Street - one block, it turns out, from the Qatar royal family mansion which has hosted human trafficking covered up in the SDNY, see Inner City Press here, and below.

Inner City Press will continue to cover this and other SDNY and 2nd Circuit cases - watch this site, and there is more on Patreon, here.

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