Saturday, December 4, 2021

On Day 1 of Ghislaine Maxwell Trial Belated Docketing of Order on Memory Loss Expert Loftus, 1 Juror Forgets

 

By Matthew Russell Lee Patreon Song Video Ruling
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Nov 29 – Ghislaine Maxwell, charged with sex trafficking and other charges, faces a November 29, 2021 trial today, after the November 23 final-final pre trial conference, vlog here.

  On October 29 and again on November 12 Maxell  and the US Attorney's Office for the Southern District of New York filed a flurry of motions in limine, heavily redacted; the Government argued that trial exhibits are not public and will be withheld. Inner City Press opposed and opposes the continued secrecy.

  In the run up to peremptory challenges of prospective jurors on November 29 (Inner City Press thread here, including about the juror who forgot to come), on November 29 Judge Nathan belatedly docketed this:

"OPINION & ORDER as to Ghislaine Maxwell. The Court therefore denies in part and grants in part the Government's motion to preclude Dr. Dietz's testimony and denies in part and grants in part the Government's motion to preclude Dr. Loftus's testimony. This resolves docket number 424. (Signed by Judge Alison J. Nathan).

 On November 23 there was a final final pre-trial conference and Inner City Press live tweeted it here (podcast here)

The day after the final pre-trial conferencethe US and Maxwell agreed this on the protective order, applying it to information from the Epstein victims' fund: "ALISON J. NATHAN, United States District Judge: WHEREAS the Court has ordered production of materials from the Epstein Victims’ Compensation Fund to the Court pursuant to Fed. R. Crim. P. 17(c) (the “Rule 17 Materials”) (see Dkt. No. 496); WHEREAS those materials are likely to contain information that would (i) affect the privacy and confidentiality of individuals, (ii) would risk prejudicial pretrial publicity if publicly disseminated, and (iii) are not authorized to be disclosed to the public or disclosed beyond that which is necessary for the trial in this action; WHEREAS the Court has directed the parties to negotiate and submit a proposed protective order; IT HEREBY IS ORDERED: 1. Any and all Rule 17 Materials disclosed to the Government, the defendant (“Defendant”), and/or to the defendant’s criminal defense attorneys (“Defense Counsel,” and Case 1:20-cr-00330-AJN Document 500-1 Filed 11/24/21 Page 1 of 2 2 collectively with the Government, “the Parties”) shall be treated as “Confidential Information” within the meaning of the Protective Order (Dkt. No. 36 ¶ 7) and shall be subject to the provisions thereof. 2. At the discretion of the Court, the Court may designate certain materials as “Highly Confidential” within the meaning of the Protective Order (Dkt. No. 36 ¶ 10) and subject to the provisions thereof. " Nov 24 podcast here.

   Preliminary instructions now on Inner City Press' DocumentCloud here

  Likewise, Inner City Press opposes censorship by the UN, which after it asked why UN Sec-Gen Antonio Guterres' head of Partnerships Amir Dossal was on the board of Maxwell's Terramar Foundation was roughed up and banned from the UN, summary hereQuinn Emanuel lawyers' letter Q&A here.

  Now this: a petition, submitted Monday to the United Nations Working Group on Arbitrary Detention, filed by international criminal lawyers François Zimeray and Jessica Finelle on behalf of Maxwell’s three sisters and three brothers, arguing to Maxwell's partners at the UN that Maxwell’s “abnormally rigorous” lock-up conditions at the Metropolitan Detention Center in Brooklyn are horrific, and thus unlawful and discriminatory.  The petition asks the UN to call on the US government to release Maxwell pending trial and to urge an independent investigation into her “arbitrary detention.”

This while the UN active covers up its own peacekepers child rapes. This is ghoulish.

  On November 15, Judge Nathan held a conference about jury selection, Inner City Press live tweeted here (and podcast here)

On the morning of November 16, Judge Nathan questioned prospective jurors; Inner City Press live tweeted here (podcast here)Nov 16 afternoon here.

Late on November 16 it emerged that Judge Ali Nathan is being nominated for elevation to the Second Circuit Court of Appeals by Senator Chuck Schumer.

She said, "If I am nominated I...will continue to do my day job, which means presiding over this trial until completion and handling the hundreds of other civil and criminal matters on my docket."

So it appears she would complete the Maxwell trial. But any sentencing? Would she follow 2d Circuit Judge Richard J. Sullivan in keeping some SDNY cases? (As noted, Judge Sullivan is still rightly allowing call-in lines to in-person cases, here).

 Podcast here. Watch this site.

On November 17, jury selection continued with questions of seized phones, jail conditions, and the death of Epstein, Inner City Press live tweeted here (podcast here)

On the afternoon of November 17, it continued, Inner City Press live tweeted here (podcast here)

 Jury (pre) selection ended on the morning of November 18, Inner City Press live tweeted here

Near 5 pm on November 18 this: "ORDER as to Ghislaine Maxwell: IT HEREBY IS ORDERED: 1. That courtroom sketch artists whether in the courtroom or overflow rooms may not draw exact likenesses of the Protected Witnesses; and 2. For avoidance of doubt, courtroom sketch artists may confer with the Court or counsel for either party to determine whether a witness is a Protected Witness. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/18/2021)." We'll have more on this.

  With so much of the case, and so many of the victims, far from Epstein's Manhattan townhousein Florida, the Caribbean, New Mexico, the UK and by private jet in Africa, the lack amid COVID of a listen-only call-in line during the trial proper would be all the more unfortunate.

On October 29, after the flurry of redacted motions, Inner City Press filed formal requests with SDNY District Judge Alison J. Nathan, on DocumentCloud here.

  On November 12, while Maxwell and DOJ still redacting and a notice that after 50 people, no more would be admitted even on November 15, Inner City Press filed again. This time, both letters were docketed - appreciated - but denied, letter on CourtListener here.

"ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Matthew Russell Lee, dated 10/29/2021, re: timely opposition to blanket requests to seal portions of motions in limine, trial exhibits, public access. ENDORSEMENT: The Court received the attached letters via email. This District no longer permits public access by telephone for in-court criminal proceedings, including trials. The memorandum can be found here. The Courts public access orders for all proceedings in the case can be found here. The Court has implemented a procedure for docketing filings with proposed redactions and is ruling on the proposals as expeditiously as possible. See Dkt. No. 401. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/12/2021)."

  Earlier on November 12, Inner City Press called in to, and reported on, a January 6 case in the District for the District of Columbia - and even other in-person criminal matters in the SDNY. For November 15, only 50 people will be allowed in. Meanwhile, for example, the Kyle Rittenhouse in Wisconsin state court is on YouTube. While engaged and appreciative on the Federal  / SDNY beat, we'll have more on this.

Here was from the October 29 request: Re: US v. Maxwell, 20-cr-330 (AJN), timely opposition to blanket requests to seal portions of motions in limine, trial exhibits, public access

Dear Judge Nathan:    On behalf of Inner City Press and in my personal capacity, I have been covering the above-captioned case. This concerns in the first instance the flurry of motions in limine filed earlier this evening, replete with redactions justified by a conclusory reference to Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). 

 The Government's Justifications for redaction (Docket No. 399, docketed at 10:06 pm on Friday Oct 29) cites Lugosch then says "The Government also seeks sealing of trial exhibits, which are not public." Inner City Press immediately opposes this.  

 As one example within this motions of limine, the Government has redacted the entirety of its Argument X, even the title and the page number. And as to trial exhibits, see for example Judge Jed S. Rakoff's order in US v. Weigand, 20-cr-188 (JSR), here.

  There, Judge Rakoff ordered the US Attorney's Office to make trial exhibit available to the public at large. While this was done, belatedly, in US v. Parnas, it was refused in the current US v. Cole. It cannot be refused in this case.    Also, Inner City Press understands that the listen-only call-in telephone lines available so far in the case, there may be an attempt to discontinue them. The Court should take judicial notice of continuing COVID-19 issues, including people's understandable concerns about congregating even in so-called overflow rooms. Be aware that the District for the District of Columbia still allows public phone access to all criminal proceedings, even those held in-person. That should happen here. The loss of First Amendment freedoms, even for a short period of time, unquestionably constitutes irreparable injury. Elrod v. Burns, 427 U.S. 347, 373 (1976).     

Inner City Press will cover the trial, and all the comes before and after it; #CourtCaseCast and song ISong 2Song 3, fifth song and now Nov 27 song

On October 18 the US Attorney's Office opposed the request, saying the the voir dire questions should be asked by Judge Nathan, and that there should only be sidebars on "sensitive questions such as those that relate to sexual abuse and media exposure." Full letter on Patreon here.

 In a conference on October 21 on that as scheduling issues, Judge Nathan denied the request to seal. Inner City Press live tweeted it here (podcast here)

On October 22 the draft jury questionnaire was unsealed and Inner City Press has immediately published it on its DocumentCloud here, including "Have you or a family member ever supported, lobbied, petitioned, protested, or  worked in any other manner for or against any laws, regulations, or organizations relating to sex trafficking, sex crimes against minors, sex abuse or sexual harassment?" Photo here.

   After the death of Jeffrey Epstein in the MCC prison, on July 2 Acting US Attorney for the SDNY 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?

  At 3:30 pm on July 2 Maxwell appeared in the U.S. District Court for the District of New Hampsire, before Magistriate Judge Andrea K. Johnstone. Inner City Press live tweeted it here.
(Also live tweeted bail denial of July 14, here.)

   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.

 On July 5, after some crowd-sourcing, Inner City Press reported 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.

  Inner City Press has published a phone of Maxwell in the UN with Dossal, here. But the connection runs deeper: Dossal with "25 years of UN involvement" was on Terrarmar's board of directors, one of only five directors, only three not related to Maxwell by blood and name.

The directors: Ghislaine Maxwell, Christine Malina-Maxwell, Steven Haft, Christine Dennison and... Amir Dossal. Inner City Press is publishing this full 990 on Patreon here.

  Dossal has operated through the UN Office of Partnership, with Antonio Guterres and his deputy Amina J. Mohammed, here.

And the links to the world of UN bribery, including Antonio Guterres through the Gulbenkian Foundation, runs deeper. More to follow.

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).

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In SDNY Lawsuit Against Venezuela Stalls On Percentage of Assets Invested in Bolivarians


By Matthew Russell Lee, Exclusive, Patreon
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, Oct 23 – Petroleos de Venezuela, S.A. has been sued for failing to pay off on Notes owned by four Italians named Lovati. It is a state owned company; responding in its name and making a motion to dismiss in the U.S. District Court for the Southern District of New York is a representative of Juan Guaido.

Nicolas Maduro and his representatives, the Lovatis' lawyer Anthony J. Costantini of Duane Morris LLP told SDNY Judge Andrew L. Carter on October 29, 2019 in proceeding with Inner City Press one of two people in the gallery, have defaulted.

   Judge Carter chided Petroleos de Venezuela's or PDVSA's lawyer Dennis H. Tracey of Hogan Lovells for making a motion to dismiss or in the alternative for a 120 day stay without the requisite pre-motion letter.

    A new schedule was agreed to, with the Lovatis' response due on November 12 and PDVSA's reply on November 26. Judge Carter declined to hear anything about the asserted Maduro default, saying "they are not present."

    "While hope spring eternal," Judge Carter said, what makes you believe things will be different in 120 days?

   We may come and ask for more time, Guaido's lawyer said.

On November 26, 2021, plaintiff filed a joint status report that "the only unresolved issued concerns plaintiffs' response to Interrogatory 9, which asks plaintiffs to "State the percentage of your total assets that is comprised of securities issued by the Republic or its agents or instrumentalities."

 The case is Lovati et al. v. Petroleos de Venezuela, S.A., 19-cv-4799 (Carter).


sdny

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Horge Got Severance From Scales in SDNY Then Pled Guilty Early Stabbing in NC Cited

 

By Matthew Russell Lee, Patreon Song
https://soundcloud.com/innercitypress/into-the-ether-of-the-bop-by-matthew-russell-lee BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Nov 26 – Defendant Ernest Horge back on February 27, 2020 said in open court that it is unfair he is in the same case as a man now set to be charged with capital murder.

  Horge's court appointed lawyer Matthew D. Myers said he might soon make a motion for severance of the cased, but he had a trial on the other side of the country first.

 Soon Horge had a new lawyer, and on August 26 he pleaded guilty to reduced charges, two telephone calls to sell crack in The Bronx, on November 29, 2018 and February 7, 2019. But the projected sentencing guideline is 96 months. The sentencing is set for December 3 at 4 pm.

 On November 18, this: " as to Ernest Horge held on 11/18/2021. Frank Balsamello, AUSA, was present for the government, and Megan Wall-Wolff and Steve Lynch were present for Mr. Horge. The Court grants the unopposed motion for defense counsel to file portions of its sentencing submission and certain exhibits under seal, and for the government to file a supplemental submission under seal."

On November 26, the day after Thanksgiving, the sentencing submission went in, with redactions. It says Ernest Horge dropped a stable and productive life in Winston-Salem NC to care for his dying mother in The Bronx. It further says his mother stabbed his father when he was five years old. There are redacted letters from children. Sentencing has been moved to Jan 20, 2022 at 4 pm.

  On May 28, 2020 amid the COVID-19 pandemic, Horge and Myers and others appeared virtually before U.S. District Court for the Southern District of New York Judge Laura Taylor Swain. Inner City Press again covered it, below.

On November 11, Veterans Day, the US Attorney's Office announced a superseding indictment that formally charges Scales with murder, and keeps Horge linked to him: "In the Superseding Indictment, SCALES is charged with causing another person to shoot at rival drug dealers on June 9, 2017, in the vicinity of 1135 East Tremont Avenue in the Bronx, New York, causing the death of Joshua Lopez.  SCALES and HORGE are also charged in the Superseding Indictment with engaging in multiple specific drug sales between November 2018 and February 2019, in addition to the narcotics conspiracy charged in the initial indictment." The case was reassigned to Judge Jed S. Rakoff, the docket said.

 On March 17, 2021 Judge Rakoff held a 4 pm proceeding, after presiding for the whole day over the Eaze trial, in the same large courtroom. Scales was present, but Horge was not. He was unceremoniously moved out, for evaluation. Some of those close to him have reached out with question.

  There has been, from the beginning of this case, some lack of transparency. But what will Judge Rakoff's recent order that the US Attorney's Office should make trial exhibits available publicly by midnight of the trial day they are introduced, that may change.

  In May 2021, after Horge in essence disappeared into the BOP fog to be evaluated, he has written from the MDC that he, with a condition that would react badly to it, has been placed in a cell with a man with tuberculosis. Inner City Press has been asked to help and for now, this song.
https://soundcloud.com/innercitypress/into-the-ether-of-the-bop-by-matthew-russell-lee
Watch this site.

  On May 12, Judge Rakoff held a Curcio hearing with Ernest Horge present in person. Inner City Press went as well. The possible conflict of interest was a former client of Myers. AUSA Frank Balsamello said the government would not be using that person in any way.

Judge Rakoff asked Horge if he waives the conflict and accepts Myers.

For now, Horge said.

Judge Rakoff explained that a future bid to change counsel might not be approved, if it interfered or conflicted with the July 7 trial.

Judge Rakoff asked Horge if there was anything more he wished to say.

Maybe when I get back into the holding cell, Horge said. Then it was over.

But on June 28 there was another change of counsel proceeding listed. Inner City Press went to the 14th floor and found the AUSA in the hallway, but the courtroom door apparently locked. Afterward, this: "Attorney update in case as to Ernest Horge. Attorney Megan Elizabeth Wall-Wolff for Ernest Horge added. Attorney Matthew Daniel Myers terminated."

On July 2, this: "ORDER as to Sydney Scales, Ernest Horge: The telephonic requests of defendant Ernest Horge's new counsel, made earlier today, to sever his trial from that of co-defendant Sydney Scales and to adjourn his trial so that new counsel can adequately prepare for trial is hereby granted. The trial of co-defendant Scales will proceed as scheduled starting July 20, 2021. Mr. Horge's trial will commence on October 4, 2021. With respect to Mr. Horge, the Court finds pursuant to 18 U.S.C. §3161 (H) ( 7) (A) that the interests of justice served by an exclusion of the time from today's date through October 4, 2021 outweigh the best interests of the public and the defendant in a speedy trial, as Mr. Horge's decision to substitute counsel less than a month before trial requires an adjournment to enable new counsel to adequately prepare for trial. SO ORDERED. (Time excluded from 7/2/2021 until 10/4/2021) (Signed by Judge Jed S. Rakoff on 7/2/2021)."

Inner City Press will remain on this case.

Previously Horge and Myers described non-functional computers to review discovery in the MCC, requiring him to print out nine inches of documents from a hard drive the US Attorney's Office provided him.

   U.S. District Court for the Southern District of New York Judge Laura Taylor Swain, who has also received handwritten letters from Horge's family members and filed them in the docket after redacting children's names, patiently asked Horge about his medication. On February 27 she urged him to speak less.

   But Horge had more to say. He insisted that the gun was found in someone else's room, in someone else's apartment.

     He said the prosecutors, here represented by AUSA Frank Balsamello, were just "using 924(c) as a bargaining tool." He said everybody loves him, he has a great sense of humor. He rhymed Prosecutors lying and kids crying, and called the whole situation a "Star Spangled Banner blueprint for genocide."

The case is US v. Horge, 19-cr-96 (Rakoff).

sdny 

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Lawsuit Against Crackdown on Mott Haven Protest Calls Kettling A German Military Tactic

 

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Nov 27 – The Mott Haven protests in The Bronx on June 4, 2020, attacked by the police, have given rise to another lawsuit.       

  Filed in the docket of the U.S. District Court for the Southern District of New York on November 26, the day after Thanksgiving, and found there that day by Inner City Press, the lawsuit names NYPD's Commissioner and numerous officers. 

  The complaint says more than 250 people participated in the Mott Haven protests.

It says the kettling strategy the NYPD deployed "derives from a German military tactic of encircling an enemy army with a superior force before annihilating the trapped military force."  

The case is  Jones, et al. v. The City of New York, et al., 21-cv-10082 (Unassigned) 

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Maximum Maxwell Terramar Trial Blues by Matthew Russell Lee, Inner City ...