By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag
EDNY COURTHOUSE, August 22 – Seeking a lengthy sentence for a defendant, the U.S. Attorney's Office for the Eastern District of New York on August 11, 2022 wrote to EDNY Judge Eric C. Komitee about a withheld 40 minute video, stating among other things that "the government does contest that 'a party’s sentencing submission is a judicial document.'"
To be a judicial document and presumptively available to the press and public, all that is needed is that it impacts or could impact a judge's decision. So Inner City Press filed with Judge Komitee on that, and to make the video as public as possible. EDNY said the first was a typo, and on August 22 made public most of the video, which Inner City Press has now made public on YouTube here.
Inner City Press filed opposition with Judge Komitee, who docketed it ("Letter as to Tyreik Jackson addressed to Judge Eric R. Komitee from Matthew Russell Lee, Inner City Press, dated August 12, 2022, in opposition to filing under seal of certain portions of the Government's sentencing submission").
Judge Komitee asked the EDNY US Attorney's Office to respond by August 16 at 5 pm. That Office did respond, here.
Inner City Press immediately replied:
"Dear Judge Komitee: Thank you for docketing Inner City Press' August 12, 2022 letter opposing the sealing of a 40 minute video exhibit to the US' sentencing memo in the above-captioned case, and requesting that the government respond by today at 5 pm. This is Inner City Press' reply.
To be clear, contrary to the Government's assumption Inner City Press does not oppose its redactions, we have not been able to see any of the video, so there is no way to agree to redactions not yet done...
While not unsympathetic to the stated safety rationale, the basis for redacting - would it be, pixelating? - "Adult Woman" is not clear."
On the evening of August 17, Judge Komitee ruled: " ORDER granting in part and denying in part [105] Motion to Seal as to Tyreik Jackson (1) -- The court is in receipt of the Government's motion to seal Government Exhibit 16 [105] and the submissions of a media outlet, the Inner City Press, in opposition thereto [108] [111]. The Government's motion to seal is granted in part and denied in part. The Government shall be permitted to obscure the faces of the Victim, the Adult Woman, the Child, and the other unidentified individuals in the video. By 5:00 p.m. on August 19, 2022, the Government shall file GX 16 with the Court, redacted accordingly. Ordered by Judge Eric R. Komitee on 8/17/2022."
On August 22, after Jackson was sentenced to 120 months consecutive to any sentence of imprisonment imposed in Jackson's pending state criminal case, the video was made available and Inner City Press immediately made it public on YouTube here. Inner City Press will continue to cover the EDNY.
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