By Matthew Russell Lee, Patreon Substack
SDNY Exclusive follow up, July 3 - For taking and transporting Ashley Biden's diary from Florida to New York, guilty pleas on no notice were entered by Robert Kurlander and Aimee Harris. Inner City Press was there, and live tweeted below.
On January 29, 2024 the day before her sentencing scheduled for January 30, Harris wrote in through counsel to ask to appear by video to request an adjournment, saying she is sick and has no childcare.
On January 30, Inner City Press was in the courtroom. At first, Harris would not unmute; when she did there was shouting, police radio squawk, and a stand-off. Thread
On February 5, Inner City Press went. Thread
On March 25, before the March 27 sentencing, the US Attorney's Office wrote in including that "the Government understands that the defendant did not comply with this Court’s directive" - full letter on Patreon here.
On February 5, the judge said "Ms. Harris, you must be here in person for the March 27, 2024 sentencing date. I do not want to have to consider
More including transcript photo (X subscribers) here and on Substack here
On March 27 at 2:30, thread
Judge: See you on April 9.
Then after the judge left the bench, Aimee Harris spoke into an open / hot mic
More on X for Subscribers here & Substack here
On April 2, the US Attorney's Office wrote in asking for four months in prison (compared to, previously, six months home confinement). Letter on Patreon here.
On April 9, Harris did appear for sentencing - and after sobbing, got one month in prison. Thread on X here (on Meta's Threads here) - and more on X for Subscribers here and on Substack here.
On July 1, before the July 9 surrender date, this: "ORDER as to Aimee Harris. Defense counsel has requested a conference, informing the Court that Defendant may wish to apply for change of counsel and make an application for bail pending appeal. Defense Counsel has further informed the Court that Defendant wishes to attend the conference remotely.1 A conference will be held on Wednesday, July 3, 2024, at 11:30 a.m."
Inner City Press went to cover it - but was quickly asked to leave the courtroom, which was sealed after Aimee Harris said she is being harassed by people who identify themselves as journalists. Hallway thread:
[Before Judge in] Clerk: Ms Harris, can you hear us?
Aimee Harris ["appearing" in SDNY court virtually from Florids] Only every other word.. I'll move and take my earbuds out. [Now Aimee Harris appears on screen in SDNY courtroom, white headphones on, turquoise wall behind her] Aimee Harris: You sound far away but I can hear you.
All rise!
Judge: Ms Harris, please turn your camera on. I have the CJA attorney on duty today here. Judge: Ms Harris has changed from 2 Criminal Justice Act lawyers earlier in this case. Now there's a request ex parte and under seal. Aimee Harris (camera view bobbing around) I signed to be here by Zoom. Are there other people in the courtroom there? Yes.
Aimee Harris: I am concerned. I have been harassed by people identifying themselves as reporters... Judge: We are going into sealed session, to discuss attorney -client privilege issues. I ask the Press to leave [While many such Curcio hearing are open, I leave] [It is 11:57 am and the Press is out by the elevators, outside the courtroom.
[While out here in the hallway outside the courtroom, open question: given that Aimee Harris pled guilty, with a six to 12 month appeal waiver - and after missing several appearances was sentenced to one month, what attorney-client issues could there be?
Next: A Possible answer: Only an appeal based on an ineffective assistance of counsel claim. But the Judge would have the right to say, as many judges here do, that a defendant does not have a right to change free lawyers four times - so any appeal would have to be pro se [Still out in hall outside sealed courtroom]
Even if Aimee Harris is firing her 3d CJA counsel and appealing, pro se or not, she would have to be requesting bail pending appeal - and THAT cannot be done in a sealed courtroom. It is now 12:06 pm watch this feed
[In fairness, counsel conflict of interest issues may be different than "breakdown of relations" (with lawyer) issues. But the only issue here, post-sentencing, would seem to be if Harris can fire her 3d CJA lawyer and appeal on ineffective assistance
A: She can, though she could be made to do so pro se, or with retained counsel. That explanation - use or non use of public funds for this - should be in open court, as well as any bail pending appeal argument and decision. It is now 12:16 pm ...
Update - allowed back in at 12:55 pm - one hour sealed. Judge: The transcript will remain sealed.. The request for a change of counsel has been denied. And surrender remains Tuesday, July 9
More on X for Subscribers here & Substack here
The case is US v. Harris, 22-cr-457 (Swain)
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