As UN Refuses Press Qs on Coronavirus in Paris It Tells Staff to Self Quarantine Leak Here

By Matthew Russell Lee, Exclusive, PatreonBBC - Guardian UK - Honduras - CJR - PFT

UN GATE, Feb 29 – The United Nations has assiduously avoided answering Press questions about its response to Coronavirus.

Publicly UN Secretary General Antonio Guterres and his officials have lavished praise on China for its response, without answering on the disappearance of a journalist who exposed them on it.

Now that the tech giants the UN has turned itself over to, as it has to China, have canceled the Mobile World Congress 2020 even though it was to be in Barcelona, the question is more Pressing: what precautions has the UN taken given the travel to and from it, on unaccountable diplomatic passports, of diplomats and others from the epicenter of the virus? Inner City Press has asked each day for weeks - no answer at all, and Guterres banned Inner City Press even from his propaganda speech at The New School, here.

  Now Inner City Press publishes this email from in Guterres' UN system, from UNESCO to be exact, again downplaying the risks to staff and those the UN deals with: "UNESCO Alert  Date : 29/02/2020 13:38 IMPORTANT MESSAGE - CORONAVIRUS OUTBREAK/EPIDEMIE DE CORONAVIRUS   Dear colleagues,  We have been informed late yesterday evening, 28th February, that a contractor who visited UNESCO Headquarters on Monday, 24th February, has tested positive for Covid-19.  At the time of the visit, the contractor displayed no symptoms, and therefore we are advised by the competent French medical authorities that there is very low risk to staff.    Nevertheless, on the instructions of the French medical authorities, as a precautionary measure, we have contacted the small number of staff who had contact with the contractor on Monday, to inform them that they must self-quarantine for 14 days.  None of the staff members concerned currently display any symptoms but of course their medical situation will need to be monitored closely in the coming days." And Guterres and his spokespeople Stephane Dujarric and Melissa Fleming refuse all questions. They are complicit, criminal.

 Banned Inner City Press has also obtained the below UN spin of Coronavirus including praise of China's "vigorous" approach which has included Guterres-like censorship and welding people in their homes to die: "From: Ole Emmrich
 Cc: Martha Helena Lopez ; Michael Rosetz  Esther Tan  Subject: Message from the CEB HR Network l Important Message for All UN Personnel on the Novel Coronavirus Outbreak     

Dear HR Network Colleagues,  A cluster of cases of pneumonia caused by a novel coronavirus (2019-nCoV) was recently detected in Wuhan City, Hubei Province of China.  Additional cases have since been identified in China’s cities outside of Wuhan as well as other countries outside of China.   

The UN’s Department of Health Management and Occupational Safety and Health (DHMOSH) is closely monitoring this evolving situation and have determined that the risk to UN operations is low at this time.  This risk rating is based on current spread vs locations of UN personnel, and the vigorous containment efforts currently being applied by Chinese authorities.  Nevertheless, this is an evolving and dynamic situation which will be vigorously monitored.  In the meantime, DHMOSH has prepared the following message and resources for all UN personnel.  Please feel free to broadcast the below to your staff as needed.

 Dr. Esther Tan  Senior Medical Officer   Division of Healthcare Management  And Occupational Safety and Health/  Office of Support Operations 

   Message for all UN personnel on the Novel Coronavirus Outbreak:     The UN’s Department of Health Management and Occupational Safety and Health (DHMOSH) is closely monitoring the outbreak of novel coronavirus (2019-nCoV) first detected in Wuhan City, Hubei Province of China on 31 December.  Additional cases have since been identified in China’s cities outside of Wuhan as well as other countries outside of China.
      The Division of Healthcare Management and Occupational Safety and Health (DHMOSH) recommends the following key preventive measures for all UN personnel against 2019-nCoV.  1. Take steps to prevent illness with respiratory pathogens:  ·         Avoid close contact with people suffering from acute respiratory infections such as with fever, cough and difficulty breathing.  ·         Perform frequent hand-washing, especially after direct contact with ill people or their environment.  ·         Individuals with symptoms of acute respiratory infection should practice respiratory hygiene/cough etiquette including:  o    Maintain your distance from others;  o    Cover your mouth and nose with a disposable tissue when coughing or sneezing;  o    Use the nearest waste receptacle to dispose of the tissue after use;  o    Perform hand hygiene (e.g., hand washing with non-antimicrobial soap and water, alcohol-based hand rub, or antiseptic handwash) after having contact with respiratory secretions and contaminated objects/materials;  ·         Avoid close contact and unprotected with live or dead farm or wild animals;  ·         When visiting live markets in areas currently experiencing cases of novel coronavirus, avoid direct unprotected contact with live animals and surfaces in contact with animals;  ·         The consumption of raw or undercooked animal products should be avoided. Raw meat, milk or animal organs should be handled with care, to avoid cross-contamination with uncooked foods, as per good food safety practices;  ·         Preliminary information suggests that older adults and people with underlying health conditions may be at increased risk for severe disease from this virus.  2.  Pay attention to your health during your travel to outbreak locations and after you leave.  ·         Seek medical care immediately if you begin to develop fever or respiratory symptoms such as shortness of breath or cough.  Remember to share your previous travel history with your health care provider.  ·         You should make every effort to inform the medical clinic by telephone about your condition prior to presenting in person there.  3.  Keep up to date with local health advice before and during your travel  For all travelers, while WHO advises against the application of any travel or trade restrictions on countries with nCoV, please be aware that local authorities may begin to implement travel restrictions and health screening measures for travelers entering or exiting the country.  All UN personnel should check with the destination countries’ embassy, consulate or Ministry of Health and keep up to date with local health advice before and during your travel. You should also comply with any screening measures put in place by local authorities.   Similar messages have been posted on the DSS TRIP system for individuals seeking travel clearance into China."

Previously the UN refused to answer then in-house Inner City Press about its response to New York City's Legionnaires disease. The UN did not even take the precautions taken by apartment buildings in The Bronx. But in that case, the UN even with its standing water in its traffic circle foundation was no more risky that any other NYC building.

Not so with Coronavirus, given the travel in and out of the UN, precisely the risk that led largely liberal tech titans to cancel MWC2020. There is also the question of the tourists coming on busses and charged $20 to enter, which investigative Inner City Press is banned from an any price. The UN is silent and unaccountable. Perhaps this time they will be held to account - the question has begun to be asked, starting here.

Here prior to that are questions that Inner City Press, roughed up by the UN Security Antonio Guterres and and banned for 593 days says, has put in writing to Guterres, his spokespeople Stephane Dujarric, Farhan Haq and now Eri Kaneko, and global communications chief Melissa Fleming, without any answer at all despite formal and on camera promises to answer:

January 29-1: On Coronavirus, are UN interns and contractors in Wuhan and elsewhere in China covered by any UN health insurance?

February 11-2: On China, what are SG Guterres comments and action if any on the video of Chinese authorities welding people into their homes to die of coronavirus?

February 11-10: On press freedom and China what are the comments and actions if any of SG Guterres and separately USG Melissa Fleming on the disappearance of  journalist Chen Qiushi, a freelance video journalist, traveled to the city of Wuhan in Hubei province from Beijing on January 24 and began filming and reporting on the health crisis in the city? On February 6, he told his family that he planned to report on a temporary hospital, and has not been seen since..

February 14-4: On coronavirus and UN Peacekeeping what are the comments and actions if any of SG Guterres and USG Lacroix, including any impact on deployment of peacekeepers from China and elsewhere, on that coronavirus is spreading among members of the Chinese military and armed police, with thousands placed under quarantine to prevent further contagion, according to the Hong Kong-based ICHRD?  Ten soldiers within the People’s Liberation Army (PLA) and 15 armed police officers have tested positive for COVID-19 in Hubei Province, according to the ICHRD, which added that 1,500 soldiers and 1,000 armed police are under quarantine.

No answers at all. The UN of Antonio Guterres is irresponsible, and now dangerous. It should be held to account. Watch this site. 

As UN Guterres Q&A At The New School Inner City Press Banned As UN Spreads Its Corruption

By Matthew Russell Lee, PatreonBBC - Guardian UK - Honduras - CJR - PFT

SDNY / UN GATE, Feb 27 –  Antonio Guterres, the UN Secretary General who rarely takes questions and even had the Press which asked him about the mass killings in Cameroon thrown out of the UN, took three softball questions and an honorary doctorate at The New School outside of UN in New York City on February 27. Inner City Press, banned by the UN and disturbingly by The New School, was outside. Video on YouTube, and Twitter, Periscope I II III

   Inside the venue on West 12th Street were censoring "spokesman" Stephane Dujarric, and longtime UN purse-carrier Darrin Farrant. Guterres brought his in-house questions Juju Chang who hogged the time so that only three lame questions were taken. This while Guterres covers up genocide in Cameroon and elsewhere, and UN rapes.

  Complicit in censorship are New School President David Van Zandt  , communicator David Koeppel, and other bigwigs still to be named. Which of them will first speak out, about this corruption by the UN of The New School, which claims "Founded in 1919, The New School was born out of principles of academic freedom, tolerance, and experimentation. Committed to social engagement, The New School today remains in the vanguard of innovation in higher education." Really?

   The New School announced the event, and said "Press inquiries for this event should be sent to communications [at] newschool.edu." Inner City Press, which daily covers the U.S. District Court for the Southern District of New York and biweekly the International Monetary Fund (IMF), as well as the UN as whistleblowers send it evidence of mounting corruption, sexual harrassment and retaliation under Guterres, wrote to the address.

And waited. For eight hours. After writing to these specifics individuals, the whole staff:  Amy Malsin, Senior Director    x3990
Will Wilbur, Public Relations Manager    x3990 Merrie Snead, Manager, Communications and Community Relations    x4684

Re: RSVP for Feb 27 event, please confirm, thanks To: malsina@newschool.edu, wilburw@newschool.edu, sneadm@newschool.edu   Hi - resending to the Communications staff listed on New School website (having just covered Federal court hearing about Sarah Lawrence College, here and here) - still awaiting New School's response: Hi - this is a RSVP to attend and cover the Feb 27 event, here - please confirm, thanks, -Matthew

 Nothing. It appears that the state media that Guterres favors in the UN - including Xinhua, an arm of the Chinese Communist Party, as well as dozens of retirees in the UN "press corpse" - can attend at will, as part of Guterres' entourage.

 But isn't The New School part of the United States, covered by the First Amendment?

  Would The New School do this for a Q&A appearance by, for example, Saudi Crown Prince MBS? Or do they just assume, contrary to the facts, that the UN would never single out critical media and get them, contrary to all academic freedom principles, to partner in Guterres' censorship? Watch this site.

The notice: Thursday, February 27, 2020, 6:30PM to 7:45PM (EST) An Evening with António Guterres,   United Nations Secretary-General  The Auditorium, A106, Alvin Johnson/J.M. Kaplan Hall The New School will award an honorary doctorate to United Nations Secretary-General António Guterres and host a keynote lecture by the Secretary-General on women and power. This occasion marks the Secretary-General’s first major address on this important global topic.     This special event is only open to New School students, faculty and staff. Registration with an @newschool.edu email is required.    

Doors will open at 6:00 p.m.   Press inquiries for this event should be sent to communications [at] newschool.edu. 

For UN Guterres Q&A At The New School Inner City Press RSVPed But Nothin...

Exclusive: Man With 2 Names Is Denied 48 Hours Freedom After SDNY Interview Without Attorney

By Matthew Russell Lee, Exclusive PatreonBBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Feb 27 -- Three men were arrested at 6:30 pm on February 25 and a full day later on February 26 they were presented in U.S. District Court for the Southern District of New York Magistrates Court.

Although not disclosed on February 26, two of the men were relatives.

 Each was assigned his own lawyer, each of whom negotiated in the near-empty courtroom with Assistant US Attorney Jacob R. Fiddelman. Two were offered bail packages but for the third, the US sought detention.

  This third man was listed as Christopher Colon Acevedo. But in a prior proceeding he was Christopher Adam Colon, and also Eduardo Vizcaino. The Colons said they were American citizens, born in Puerto Rico; Eduardo Vizcaino, apparently the third man's real or initial name, was born in the Dominican Republic.

   On February 26, SDNY Magistrate Judge Sarah L. Cave took the cases in ascending order of difficulty. The first defendant, named Freyling Vizcaino - as it emerged on February 27, a relative of Eduardo Vizcaino -- through assigned counsel agreed to a bail package, which would leave him another night in the Metropolitan Correctional Center while his residence was checked by Pre-Trial Services.   

The second defendant Franklin Vasquez Rodriguez through CJA lawyer Zachary Taylor pushed for release the same night. Taylor said that his client had been detained for 25 hours without being given a single meal. He said it was "beginning to resemble something not worthy of the United States."

   AUSA Fiddelman took issue with that, replying that "there is nothing unjust about our legal system spinning its wheels as it does, discussion of whether it is American or not is besides the point."

   Magistrate Judge Cave offered bail condition, but only after a visit of the defendant's home.

   But for the third defendant, Christopher Adam Colon Acevedo or really Eduardo Vizcaino, AUSA Fiddelman sought detention. He noted that the defendant was already under Supervised Release after sentencing by SDNY District Judge Paul A. Engelmayer.

  Inner City Press, the only media in the Magistrates Court on February 26, see first exclusive on this case here, has gone back and found this case: US v. Christopher Adam Colon, 16-cr-94 (Engelmayer). It involved the defendant picking up $57,000 for the sale of between one and three kilograms of heroin, in a BMW. On a guideline of 70 to 87 months, Judge Engelmayer sentenced the defendant to 18 months and three years of Supervised Release. More on Patreon here.

  In this case, the defendant was arrested leaving an apartment from the Complaint says sounds of grinding and odors of drug processing chemical eminated (Warner twice likened it to a Jamba Juice at closing time). Inside were found cocaine and heroin, ostensibly in an open closet. In this apartment, there was no bed.

   On February 26 Federal Defender Ariel Warner complained that despite what she said is an agreement between Federal Defenders and Pre Trial Services that FD clients will not be interviewed without their counsel present, her client was.

  The results of that interview were discrepancies between Colon Acevedo / Eduardo Vizcaino's interviews with Probation in his case before Judge Engelmayer and Pre Trial Services in the instant case, including on whether he is or is not a U.S. citizen.

   Judge Cave after a recess in her robing room to confer with Pre Trial Services offered terms of release, to begin after a home visit. AUSA Fiddelman asked her to stay her decision for 48 hours to allow an appeal to the Part I judge - who, Inner City Press reported on the evening of February 26 when the case was not yet even in the PACER system, is for this week like last none other than Judge Englemayer. Inner City Press was the only media in the Mag Court for this case and those preceding it, about a madame and a money launderer, and also alone in Judge Engelmayer's Part I courtroom for a recent bail denial, here.

   Past 7 pm on February 26 Judge Cave stayed her order until the US appealed, which Fiddelman said would be February 27.

   Inner City Press looked into and went to the appeal on February 27, at 11:45 am. Judge Engelmayer brought up the prior sentencing, and name discrepancy, and put questions to a Pre Trial Officer named Bostick.

  AUSA Fiddleman emphasized the shifting stories and said the defendant might be prosecuted for false statements under 18 U.S.C. Section 1001.

   Federal Defender Warner called this outrageous, and provided more detail on what she said was Pre Trial Services', or Assistant US Attorney Daniel Nessim's, violation of a seemingly unwritten protocol for clients of Federal Defenders but not of CJA lawyers.

   Apparently, Pre Trial Services has agreed in all instances that defendants who are assigned Federal Defenders have their lawyers present for the interview for the pre-trial report. But for those with CJA lawyers, Warner said, that is only on a case by case basis.

  Apparently some CJA don't want to, or don't have time to, be present for these interview, which can be held against their client. Or, like here, Pre Trial Services does the interviews before any CJA has been assigned and could waive presence.

  What happened here, according to Warner, is that AUSA Nessim erroneously - unintentionally, we presuming, having covered Nessim for some time - said that Federal Defenders had a conflict of interest in representing Colon Acevedo / Eduardo Vizcaino. So Pre Trial Services, in the form of officer Bostick, conducted the interview with no lawyer present - no CJA yet assigned - and asked, are you an American citizen? To which the defendant said yes, apparently untruthfully.

  Judge Engelmayer before ruling asked Bostick about the tenor of the interview, if he thought it possible the defendant had misunderstood the question, through the interpreter. Bostick replied that while it was possible, it did not seem likely to him.

 Warner emphasized that her client had only a sixth grade education back in the Domincan Republic, from which she conceded he originates.

  In fact, at his sentencing before Judge Engelmayer on April 17, 2017 his then lawyer (and still CJA) Telesforo Del Valle said, "Mr Colon's 33 years old, has only received a sixth grade elementary school education in the Dominican Republic." Del Valle also said, "the first thing Mr. Colon told me when he met me was My name is Eduardo Vizcaino." Judge Engelmayer in the same proceeding read from a letter from his neice, Luisanny Hidalgo Vizcaino. At sidebar, Judge Engelmayer asked Del Valle about the letters "about Eduardo Vizcaino, I'm not sure what the purpose of those is." Del Valle replied, "Mr. Colon's true name is Eduardo Vizcaino."

  Judge Engelmayer nevertheless sentencing him to three years of supervised release rather than await an immigration detainer and deportation. And he was never deported; Fiddleman on February 27 said, ICE makes mistakes.

  Judge Engelmayer overruled Magistrate Judge Cave's decision, with sorrow, he said. He rejected Warner's plea that her client get at least 48 hours before the now inevitable Violation of Supervised Release proceeding, in order to get his affairs in order including speaking with loved ones and preparing money for jailhouse commissary. AUSA Fiddleman said this "Forty Eight Hours" window would present a hightened risk of flight.

Judge Engelmayer overruled Judge Cave and ordered the defendant remanded. But the questions about Pre Trial Services attorneyless interviews of those who are assigned CJA counsel, and other questions, remain. Inner City Press will stay on the case. This one is (still) called US v. Colon Acevedo 20-mj-2227 (Cave / Engelmayer). More on Patreon here.

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

In SDNY Honduras Presidential Bro Tony Cried Poor Gets 2d Pro Bono Milbank Lawyer for April 15

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

SDNY COURTHOUSE, Feb 25 – During the trial that convicted Tony Hernandez, the brother of Honduras' president Juan Orlando Hernandez (JOH), on all four counts of guns and narcotics trafficking and false statements, the Honduran National Police came up again and again in the U.S. District Court for the Southern District of New York.

 Tony Hernandez asked SDNY Judge P. Kevin Castel for a free lawyer, saying he has no more money. On February 24, the hand-over was to occur at 2:30 pm. Inner City Press went to Judge Castel's Courtroom 11D, finding there many it recognized from the trial. But Tony Hernandez would not come out of the holding cell. Inner City Press live tweeted thread here.

  Tony has been given, under the Criminal Justice Act and so at US taxpayer expense, a lawyer from the white shoe law firm Milbank, Katherine R. Goldstein, whom we've previously covered representing a Chinese alleged money launderer, here. (Milbank is also in the SDNY in the Puerto Rico debt case, here).

  Now on February 25, a second Milbank lawyer has filed a notice of appearance to represent convicted narco-trafficker Tony Hernandez: "NOTICE OF ATTORNEY APPEARANCE: Kingdar Prussien appearing for Juan Antonio Hernandez Alvarado. Appearance Type: Pro Bono. (Prussien, Kingdar)." Pro bono means for free. Inner City Press intends to have more on this.
Tony's sentencing is now April 15. Inner City Press will have more on this.

  Earlier, Inner City Press first reported that Mauricio Hernández Pineda, a former member of the National Police of Honduras,  has been arrested and detained on consent. He signed a financial affidavit of poverty - ironic - and was assigned CJA court appointed counsel, Michael Martin. Soon he will appeared before SDNY Judge Castel. Inner City Press will remain on the case.

Also during Tony Hernandez' trial, the drug ledgers of one Nery Orlando López Sanabria a/k/a Magdaleno were used by the SDNY prosecutors.

  Here is an Inner City Press tweeted photo of notebook mentioning "JOH," in Spanish. Inner City Press has repeated asked the United Nations, in New York and Geneva, for comment. Dead silence.

A week after the Tony Hernandez verdict, Magdaleno was murdered in a supposedly maximum security prison in Santa Barbara, Honduras.

  The video are very troubling [WARNING] including the guards letting the killers in, here.

  UNSG Antonio Guterres refused all Press questions about Honduras during the trial and in the nine days since the verdict. On October 29 Inner City Press has asked: "what are the comments and actions of Guterres on the video taped killing of Nery Orlando López a/k/a Magdaleno Meza Fúnez, whose notebooks were used to convict Presidential brother Tony Hernandez in the SDNY court this month? Now Reinero Valle has, as Madgaleno had before his assassination, asked to be moved out of that El Pozo prison due to threats to silence him as a witness, so far without response to his lawyer Nazario Luque? Again, immediately provide the report / read-out of Guterres' four person panel sent to Honduras, and complete read out of his meeting with JOH." Now as of November 2, as Guterres presumptively uses El Chapo's money via JOH to visit strongmen leaders in Turkey and Thailand then, uncontested, waste money at his real home in Lisbon, nothing. Total corrupt.

This while Guterres' UN, despite its protestations and misuse of the concept, enable fake news in Honduras.

   On October 27 a publication in Honduras said the UN office of human rights has said nothing. But nothing had been emailed out to its press list, and nothing could be found on its website in Geneva - it turns out news it doesn't want anyone or at least not the drug funded dictators it answers to see it, it puts on obscure sub-sites, see below.

At 9 am on October 28 Geneva time Inner City Press in writing asked UN "High Commissioner for Human Rights" Michelle Bachelet and her spokesman Rupert Colville this: "Hello, this is a Press request for OHCHR / Bachelet comment on the murder, on video, in Honduras of 'Magdeleno' whose drug trafficking notebook were used in recent SDNY conviction of Presidential brother Tony Hernandez, a trial Inner City Press covered every day. See video of killing here.

   More on Patreon here.

  Inner City Press which covered the trial daily has asked the UN for the comment of SG Antonio Guterres who met with JOH in September 2019 and did not even mention corruption, much less drug trafficking.

 On October 26 after the murder and release of the video, Inner City Press went to (try to) pose the question to Guterres. The response? Video here. Three UN security vehicles, and even a publicly funded NYPD detective, "protecting" Guterres who already wastes untold public funds on security. Disgusting. A protest has been called for, and is needed - @InnerCityPress response here.  More on Patreon here.

Inner City Press on October 18 asked the defendant's lawyer Omar Malone about this client's post arrest statement, the admitted murders by the cooperating witnesses, and upcoming sentencing submission. Video and answers here.

    Here was the post arrest statement as initially put in to the jury, as uploaded to YouTube by Inner City Press, here. The case is US v. Diaz Morales, 15-cr-00379 (Castel).

Turkey Halkbank Agrees To Be Arraigned and Formally Appears in SDNY Iran Sanctions Case

By Matthew Russell Lee, Patreon, Thread VideoHonduras - The Source - The Root - etc
SDNY COURTHOUSE, Feb 25 – Turkey's Halkbank has given up its strategy of refusing to official appear in the US criminal case against it, and on February 25 appeared and agreed to be indicted. Inner City Press live tweeted it here then here.
Judge Richard M. Berman entered at 10:14 am, and saying that his courtroom deputy "Christine has handed up a notice of appearance by King & Spalding. Does that mean Halkbank wishes to appear in these proceedings?" 
K&S: "That is correct, your Honor."
Judge Berman: And is willing to be arraigned?
K&S: Yes.
 And so they began conferring to pick a date and time for arraignment. Sometimes losing an appeal has consequences, and quickly. Watch this site.
Halkbank was indicted for Iran sanctions violations and money laundering on October 15 in the U.S. District Court for the Southern District of New York. On October 21, Turkey named convicted former Halkbank executive Hakan Atilla as the new managing director of Borsa Istanbul.
  On December 26 SDNY Judge Richard M. Berman issued an order "respectfully denying" Halkbank's attempt to stay the proceedings before him.
 But as released at 7:47 am on February 3, the Second Circuit Court of Appeals issued an administrative stay pending expedited referral to and review by a three-judge panel.
  Now on February 21, this Second Circuit three judge panel has denied Halkbank's requests: "Present:  Amalya L. Kearse, Richard J. Sullivan, Joseph F. Bianco, Circuit Judges.                                                        Petitioner seeks a writ of mandamus and moves for a stay of the district court’s criminal proceeding pending decision on the mandamus petition.  Upon due consideration, it is hereby ORDERED that the petition is DENIED because Petitioner has not demonstrated that it lacks an adequate, alternative means of obtaining relief, that its right to the writ is clear and indisputable, or that granting the writ is appropriate under the circumstances.  See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004); see also United States v. McLaughlin, No. 19-308, 2019 WL 7602324 (2d Cir. Dec. 30, 2019) (reviewing de novo, on appeal from final judgment, district court’s determination that it had personal jurisdiction over criminal defendant)," etc.
 Back on December 19, the US Attorney's Office wrote to Judge Berman: "The Government respectfully submits this letter in response to a motion by Turkiye Halk Bankasi, A.S. (“Halkbank” or the “defendant”) to stay all proceedings in this matter (the “Motion” or “Mot.”). Halkbank asks for a stay because it filed a petition for a writ of mandamus in the Court of Appeals on December 17, 2019, seeking an order directing this Court to allow Halkbank to enter a special appearance to challenge personal jurisdiction and to seek recusal of the presiding District Judge. The stay request is at the very least premature, and in any event unnecessary to prevent irreparable harm, and the Government opposes a stay. The Government does, however, ask that the briefing schedule in connection with the show-cause hearing currently scheduled for February 10, 2020 be adjourned as described below to allow additional time for the Circuit’s response to the petition.    the Government does request a modest adjournment of the briefing schedule in connection with the February 10 hearing. Though the Circuit could deny the petition without further briefing, the Circuit may also order the Government to respond to the petition. Id. Because Halkbank did not file its petition until the week before the holidays, the Circuit may not issue its response to the petition before the Government’s brief is due on January 3, 2020. Accordingly, we ask that the briefing schedule be adjourned in order to provide additional time for the Circuit’s response. The Government requests that the schedule be adjourned as follows: the Government’s brief and related filings to be filed by January 17, 2020; Halkbank’s opposition (if any) due by January 31, 2020; and the Government’s reply due by February 5, 2020. In the event of changed circumstances arising out of the Court of Appeals’ response to the petition, they can be addressed at that time."
  There was a footnote: "Halkbank’s contention about “a negative impact on the bilateral relationship between the United States and the Republic of Turkey” is irrelevant. Whatever impact Halkbank’s own contumacious refusal to comply with the summonses may have on diplomatic relations does not favor providing Halkbank with further opportunities to evade this Court’s jurisdiction. Moreover, the Supreme Court has cautioned against courts “impinging on the discretion of the Legislative and Executive Branches in managing foreign affairs.” Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108, 116 (2013) (quoting Sosa v. Alvarez-Manchain, 542 U.S. 692, 727 (2004)). Purported foreign affairs implications do not alter the application of clear law or warrant treating Halkbank differently from any other party before the Court." How might this apply to the total impunity of the UN? Watch this site.
On December 5 Judge Berman issued a more detailed order denying the application by King & Spalding to make a "special appearance" in this criminal case. Judge Berman last month in his courtroom asked if there is any Second Circuit Court of Appeals precedent. On December 5 he wrote and ruled:
"The Second Circuit recognizes that a defendant may become a fugitive when, “having learned of charges while legally outside the jurisdiction, [the defendant] ‘constructively flees’ by deciding not to return.” See United States v. Catino, 735 F.2d 718, 722 (2d Cir. 1984); see also United States v. Blanco, 861 F.2d 773, 779 (2d Cir. 1988) (“A person can be said to be a fugitive when, while abroad, they learn that they are under indictment and make no effort to return to the United States to face charges.”). It appears to the Court that this is what Halkbank – which is an important institution in Turkey – has done so far in this case. “The primary purpose of the fugitive disentitlement doctrine—promoting mutuality of litigation—is served both when a defendant flees the United States and when he chooses to remain outside the United States.” Miller, 166 F. Supp. 3d at 348; see also Martirossian, 917 F.3d at 890 (where the Court confirmed that “a defendant need not be Case 1:15-cr-00867-RMB Document 581 Filed 12/05/19 Page 26 of 27  27  present in and leave a jurisdiction to become a fugitive; the mere refusal to report for prosecution can constitute constructive flight”). Halkbank has failed to appear following the service of two summonses, with full knowledge and notice of the charges in the Indictment and of the related Atilla and Zarrab cases. See pp. 3–5 above. Halkbank has also been represented by U.S. legal counsel, Mr. Hruska of King & Spaulding LLP, for at least two years in connection with the U.S. criminal investigation of Halkbank’s alleged Iran sanctions evasion. See Gov. Letter, dated Nov. 4, 2019, at 1.
And, this Court has found that “Halkbank has willfully and knowingly disobeyed the Court’s order in the First Summons to appear at the First Conference.” Order, dated Oct. 23, 2019, at 3. The fugitive disentitlement doctrine exists to encourage compliance with the law and to protect against entities that “‘attempt to invoke from a safe distance only so much of a United States court’s jurisdiction as might secure . . . a dismissal while carefully shielding [itself] from the possibility of a penal sanction.’” Hayes, 118 F. Supp. 3d at 625–26 (brackets omitted) (quoting Collazos v. United States, 368 F.3d 190, 200 (2d Cir. 2004)); see also Niemi v. Lasshofer, 728 F.3d 1252, 1255 (10th Cir. 2013).
IV. Conclusion & Order For the reasons stated above, the Court denies Halkbank’s application, dated November 19, 2019, to make a special appearance."
    Back on November 26 the US Attorney office  opposed the special appearance, noting "Halkbank participates in a U.S. Department of Agriculture program that provides guaranteed financing for certain buyers of U.S. agricultural exports.  In order to shield its access to these essential U.S. financial markets and facilities, Halkbank went to extraordinary lengths to conceal the scheme from Treasury officials. Because of Halkbank’s relationships with the Central Bank of Iran, NIOC, and other Iranian government and private entities, sanctions against the Government of Iran had particular significance for Halkbank and Treasury believed Halkbank was at particular risk of Iranian sanctions-evasion efforts. Accordingly, Treasury officials maintained continuous and in-depth communications with Halkbank’s top executives. These included in-person meetings held in Treasury’s Washington, D.C. offices and Halkbank’s Turkey offices; telephone calls between Halkbank executives in Turkey and Treasury officials in the United States; and letter and email correspondence." We'll have more on this.
  King & Spalding's Andrew C. Hruska wanted to file by ECF without making a notice of appearance. Judge Berman said he believes a notice of appearance is required, and would not give legal advise on what should be written on it. King and Spalding said they will file on paper, presumably meaning their briefing.

  Of this lawless attempt to escape the court's reach, Inner City Press asked the UN which has made worse arguments for impunity for bringing cholera to Haiti for its comment (Turkish state media were present in the SDNY on November 5). There has been no answer from the UN.