SDNY COURTHOUSE, July 31 – Jeffrey Epstein had his bail application denied on July 18 and remains in the Metropolitan Correctional Center where he was reportedly found unconscious with bruises on his neck. At a July 31 status conference his neck did not come up, only the scheduling of discovery and motions and a tentative trial date: June 8, 2020 at 9 am.
Judge Richard M. Berman of the U.S. District Court for the Southern District of New York has asked the two sides to agree on timing and they mostly did - except that Epstein's lawyers prefer a September 2020 trial date. The government said there is 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.
The government said all discovery will 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 are due September 13, for oral argument on October 28 at 10 am.
Substantive motions are 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 the June 8 trial.
Epstein's lawyers in asking for September said they want to access if Epstein can exercise his Constitutional right to assistance in 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. Watch this site.
Meanwhile the SDNY prosecutors more quietlycut 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 ashackled 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 criticismof 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.
As Inner City Press has reported from the Magistrates Court of the SDNY this year, at least two accused pedophiles have been released on bond, with conditions.
One, Donnie Fetters, was bailed by Magistrate Judge Ona T. Wang on May 10 and allowed to fly back to Iowa from whence he came to Laguardia to meet an underage girl, or what he thought was an underage girl. See the Inner City Press, the only media that day in the Magistrate Court, story here. Fetters remains free; most recently his appearance before SDNY Judge Victor Marrero was waived. This case is now US v. Fetters, 19-cr-387 (VM).
On May 30 SDNY Magistrate Judge James L. Cott granted bond to Bryan Pivnick, accused of grooming an 11 year old boy, see Inner City Press story here: now Pivnick is asking for greater access to the Internet in New Jersey, ostensibly to pay his student loans. This case is now US v. Pivnick, 19-cr-00464 (PKC). More on Patreon, here.
Certainly, conspiracy to commit sex trafficking charges are different. But these two recent bailings, and the SDNY's continuing usually ignored proceedings, merit reporting, which Inner City Press will continue to do, perched as for months over the PACER terminal in the 500 Pearl Street press room, if it is available, as it continues its "Murky Mag Court" series.
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.
The July 8 presentment will presumably be in Courtroom 5A of 500 Pearl Street, or perhaps a larger room to accommodate the interest. In Courtroom 5A as the July 1-3 work week ended Inner City Press alone in the gallery observed Magistrate Judge Barbara Moses signed sealed indictments and warrants, even with what some called sleight of hand of saying there would be no action until 8 pm then, when Inner City Press ran to the PACER terminal in the press room, ending the day's business at 7:45 pm with no press present. Expect on July 7 another Geoffrey Berman press conference as well -- Inner City Press will be there.
The rights or lack of rights of victims have been highlighted for some in this case - but the violation of rights of less prominent people has been happening every day, from before March until now in the SDNY including its murky Magistrates Court. Inner City Press was in the 2d Circuit in March and will be in the SDNY July 8, based from a PACER terminal, documenting the disparities. Watch this site.
Back in March all of the parties - the Miami Herald's Julie Brown, Mike Cernovich, Alan Dershowitz and even Virginia Giuffre -- were pushing for the unsealing of the documents, except Ghislaine Maxwell. Her lawyer Ty Gee argued that people had relied on the commitment to seal the information. He ended by saying the U.S. judicial system is not about democracy.
But by then the panel of Judges of Cabranes, Pooler and Droney had made it pretty clear they will be remanding the case and the 167 documents back to the U.S. District Court for the Southern District of New York. The only question seems to be whether Judge Sweet, who initially agreed to seal them, will get the case on remand or if another judge will.
. He challenged Giuffre to sue him, and of Judge Cassel was highly critical, a term of art.
Another term of art: slut-shamer, a term applied during the argument to Mike Cernovich but one that the judges mocked, with Judge Pooler asking if there was a "slut-shaming cabal." The wider point was that there is in the United States no system for certifying journalists, that as the Ninth Circuit case Opsidium v Cox has it, journalist is something you do, not something you are.
All citizens - and non citizens, as in the case of Argentines seeking information about their country's debt revealed in a U.S. case - have a right to information, a right that predated the Constitution. The judges reserved judgement. 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.
