Wednesday, January 31, 2024
Tuesday, January 30, 2024
Monday, January 29, 2024
Saturday, January 27, 2024
Family of Kansan Who Died After Iraq Captivity Sues HSBC with Secret Iran Witness
by Matthew Russell Lee, Patreon Book Substack
SDNY EXCLU, Jan 26 – The family of an American contractor who died in his native Kansas after release from kidnappers in Iraq has sued HSBC and other banks - but nearly all of the case is sealed.
On January 26, 2024 a conference in the case was held. The discussion was about an anonymous Doe witness about information in the National Iranian Oil Company.
He cannot be questioned about any of the details of his work or where he got the information, for fear of retaliation from Iran. His testimony - sealed? - will be by Zoom, with him sworn in by name before the Court, then again without name before others.
Even the complaint in the case is sealed, as of January 27. Inner City Press, which has repeatedly asked the UN about its solicitude toward Iran, will continue to cover the case
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Trump Trial Two Book Drops 10 Hours After Verdict Now From Carroll Trial to 2024 Trail
SDNY COURTHOUSE, Jan 26 – Ten hours after the verdict against Donald Trump for $83.3 million in mostly punitive damages to E. Jean Carroll, a very first book was published about the trial and what it might mean:
"Trump Trial II: Punitive Damages and Vow to Appeal: From the SDNY Trial to the 2024 Trail," by Matthew Russell Lee - Ebook here (with audiobook and paperback coming).
The book concludes:
Jury entering! Judge Kaplan: Please hand the verdict to Andy... Thank you. Clerk will read the verdict Andy: Did Ms. Carroll prove, by a preponderance of the evidence, that Ms. Carroll suffered more than nominal damages as a result of Mr. Trump’s publication of the June 21 and June 22, 2019 statements? Answer Yes.
Andy (clerk): 7.3 million... 11 million... punitives: $65 million
Judge Kaplan; Members of the jury, If you wish to speak after the verdict - I order you not to disclose the names of any other juror, and I advise you not to disclose your own name. Judge Kaplan: Any other business?
Ms. Habba: I would just like to thank the court staff
Kurt Wheelock, still banned from the UN in contravention of press freedom and the First Amendment, couldn't help thinking of that day's International Court of Justice decision....
Kurt would go from the trial to the trail. Watch this site / platform / feed
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In 2d Carroll Trial Trump Hit For $83.3 Million Then Habba Vows Appeal
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 26 – The Saturday before the second E. Jean Carroll versus Trump trial was to begin, Trump's lawyers filed a letter arguing that Carroll's Anderson Cooper 360 interview should be able to be played for the jury.
The trial on January 17 before U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan, repeatedly ran into issues Judge Kaplan said had been resolved in the first trial (which was live tweeted by Inner City Press, book here)
On January 26, the verdict:
Judge Kaplan: I'm advised the jury has reached a verdict. We will have no outbursts in these proceedings, we will maintain decorum. Bring in the jury.
Jury entering! Judge Kaplan: Please hand the verdict to Andy... Thank you. Clerk will read the verdict
Andy: Did Ms. Carroll prove, by a preponderance of the evidence, that 1. Ms. Carroll suffered more than nominal damages as a result of Mr. Trump’s publication of the June 21 and June 22, 2019 statements?
Answer Yes.
Andy (clerk): 7.3 million... 11 million... punitive damagess: $65 million
Judge Kaplan; Members of the jury, if you wish to speak after the verdict - I order you not to disclose the names of any other juror, and I advise you not to disclose your own name. [Jury leaves]
Judge Kaplan: Any other business?
Ms Habba: I would just like to thank the court staff Judge Kaplan: You're welcome on their behalf. Adjourned
[Note for X subscribers on SDNY conflicts / disclosure here
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In Honduras Case JOH Bid to Delay 3 Months As Motion to Unseal JOH Affidavit In Docket
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 26 – After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21, 2022 the ex-president himself, Juan Orlando Hernandez, was extradited to the US.
[Espanol aqui]
On January 18, Inner City Press live tweeted the final pre-trial conference, thread.
On January 23, after lengthy ex parte sidebars, it was said JOH for the February 12 trial could get a second lawyer, at the US taxpayers' expense, by filing out a sworn affidavit claiming poverty. He did - and at 6 pm on January 23 Inner City Press filed with the Court a motion to unseal JOH's financial affidavit - as it requested, and got, for Tigre Bonilla. Now in docket - letter now on CourtListener here DocumentCloud here
On January 25, Pineda's lawyers put in a letter reiterating their request to sever the trial of Bonilla, who was also said to have a "file" on JOH. They state: "Mr. Bonilla is prepared to testify at trial -" Full letter on Patreon here.
On January 26, JOH's new lawyer, appointed contingent on JOH's still-sealed financial affidavit, reversed course and asked for a 90 to 120 day delay. Letter on Patreon here. We'll have more on all this.
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As UN of Guterres Admits Staff in Terror Attack of Oct 7 OIOS to Cover Up Spox Phillips Lies
by Matthew Russell Lee, Patreon Book Substack
UN GATE, Jan 26 – For weeks Inner City Press has asked the UN and its media people, including Stephane Dujarric and News and Media chief Ian Phillips, about evidence that UNRWA workers took part in the October 7 attacks. No answers at all - censorship.
Now after SG Antonio Guterres' belated and begrudging acknowledgment, the UN has assigned its OIOS to cover up, as it has done before, see here.
Does the UN corrupt everyone that goes to work for it?
Given the inflated salaries it pays its officials, the UN can collect and try to buttress its credibility with for example name-brand journalists. But what freedoms do they give up, and how low do they go?
In 2023 the UN hired Ian Phillips, once the Associated Press' head of (get this) journalist safety. His LinkedIn profile, after moving to the UN, states that his "role includes advisory and policy work, with particular focus on press freedom."
So Inner City Press, having been roughed up by UN Security and then banned from entering or getting even its written questions asked, last week wrote to Ian Phillips at the UN - and through his LinkedIn profile:
Hello Mr. Phillips. I am asking you to look into this and ensure that the UN Media and Accreditation Unit fairly process, and rule on, my pending application for (re) accreditation. Two separate law firms have written the UN pro bono on my behalf, without answer."
No answer at all. Is the money too good? Does journalist safety and free press only count when it is not the UN doing the roughing up, and the censoring?
In the past few days, we've sent our daily press questions to Mr. Phillips as well, since he's the head of the UN's "News and Media Division." Questions about Gaza and the Secretary General's finances. And no answers at all.
So again: Does the UN corrupt everyone that goes to work for it? We will continue to report on this.
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Trump Speaks Less Before Judge Engoran Civil Case Comparisons Two Sides of Foley Square
by Matthew Russell Lee, Patreon Book Substack
LITERARY SDNY, Jan 25 – When it happened, it was brief. Very brief. In the morning Carol Martin testified, a hostile witness for the defense.
Only, she was not hostile. She said when she called E. Jean Carroll a drug addict, with her case as her drug, it was hyperbole. At the end E. Jean hugged Carol Martin.
When a phone rang in the courtroom, Judge Kaplan inquired and had the person thrown out, see below.
Judge Kaplan wanted to know exactly what Habba would ask Trump. At first Habba pushed back, then recited three questions. Judge Kaplan first approved only one, then consented to a second.
So different, it had been, with NYS Judge Engoran next door. At first he had said Trump couldn't speak at all, since he wouldn't agree to the written conditions. Then as it happened he let Trump speak, about the witch hunt and his beautiful properties, for five minutes just before lunch.
With Judge Kaplan it was after lunch. And it was not a closing argument - that would be the next day, Habba only - but rather as one of the defense's only two witness. And this was the direct:
Habba: Defense calls President Donald Trump...
Trump: Donald John Trump.
Habba: You viewed your deposition?
Trump: I stand by it 100%, yes.
Trump: She said something I considered a false accusation --
Roberta Kaplan: Objection!
Judge Kaplan: Sustained.
Habba: I have no further questions.
But many had more questions, including Kurt Wheelock how in the first trial had gone up to Bergdorf Goodman to investigate. Where would he go now?
More on Substack here - also on X for subscribers here
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In Honduras Case Bid to Sever Bonilla Redux As Motion to Unseal JOH Affidavit In Docket
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Jan 25 – After the president of Honduras' brother Tony Hernandez was convicted of drug trafficking and sentenced to life plus thirty years, on April 21, 2022 the ex-president himself, Juan Orlando Hernandez, was extradited to the US.
[Espanol aqui]
On January 18, Inner City Press live tweeted the final pre-trial conference, thread.
On January 23, after lengthy ex parte sidebars, it was said JOH for the February 12 trial could get a second lawyer, at the US taxpayers' expense, by filing out a sworn affidavit claiming poverty. He did - and at 6 pm on January 23 Inner City Press filed with the Court a motion to unseal JOH's financial affidavit - as it requested, and got, for Tigre Bonilla. Now in docket - letter now on CourtListener here DocumentCloud here
On January 25, Pineda's lawyers put in a letter reiterating their request to sever the trial of Bonilla, who was also said to have a "file" on JOH. They state: "As confirmed at the January 23 appearance, Mr. Bonilla is prepared to testify at trial, in pertinent part, that: (i) while the other charged defendants are or may be members of the charged conspiracy, Mr. Bonilla himself was not; and (ii) the government’s witnesses have colluded and conspired to wrongfully accuse Mr. Bonilla to exact revenge against Mr. Bonilla for his previous work as an official with the Honduran National Police." Full letter on Patreon here. We'll have more on all this.
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On UN Linked Burma Murder Plot Htut Guilty Wants Time Served as Still No UN Answers
By Matthew Russell Lee, Patreon Complaint
UN GATE, Jan 25 – After the Burma coup regime purported to fired the New York-based UN ambassador of Myanmar U Kyaw Moe Tun for his speech in New York in the usually scripted UN General Assembly, two Burmese were criminally charged with trying to kill him. One was been detained, as exclusively live tweeted by Inner City Press, below. Inner City Press has since covered the UN's complicity with, and French banks' funding of, the Burma junta.
On July 7, days before the trial set to begin on July 11, the presiding SDNY judge severed some counts while moving forward with the conspiracy: "OPINION & ORDER as to Phyo Hein Htut. The Government charged Defendant Phyo Hein Htut ("Defendant") with one count of conspiracy to assault a foreign official in violation of 18 U.S.C. § 112(a), through an indictment filed by the Government on December 5, 2022 (ECF No. 26). The Government filed a Superseding Indictment (S1) on May 2, 2023. (ECF No. 41.) The Superseding Indictment (S1) adds charges for false statements in violation of 18 U.S.C. § 1001(a)(2).... Defendant's motion to sever is GRANTED. Trial on the conspiracy count will proceed as scheduled, with jury selection beginning on July 11, 2023. The Court will schedule trial on the false statement counts for a later date. Full 36 page Order on Patreon here.
Docketed on July 24: "The Jury finds defendant Phyo Hein Htut Guilty on Count One. Jury Polled, Verdict Unanimous. Original signed Jury Verdict form attached (marked as Court Ex. #2). Defendants post-trial motion briefing schedule is as follows: moving papers shall be filed on September 21, 2023; Government's opposition papers shall be filed on November 21, 2023; reply papers shall be filed on December 6, 2023. The parties are directed to provide the Court with two paper courtesy copies and one set to be emailed to chambers. PSI is ordered. Sentencing is scheduled for March 14, 2024 at 11:30 am."
The sentencing was moved up to February 8, 2024. On January 25, 2024, Htut's lawyer wrote in asking for a sentence of time served (approximately 30 months).
Back on August 11, 20 year-old Ye Hein Zaw, who with a Burmese interpreter got his income approved on April 6 as low enough for free counsel hired a private attorney, one who is described as a Wall Street lawyer half of whose clients are French: Matthew Galluzzo.
On December 10, a guilty plea: today the guilty plea of YE HEIN ZAW, a citizen of Myanmar, for his role in a conspiracy to assault and make a violent attack upon Myanmar’s Permanent Representative to the United Nations. ZAW is scheduled to be sentenced by Judge Halpern on May 10, 2022."
On March 16, 2022, this: "STIPULATION IN SUPPORT OF APPLICATION FOR 8TH OR SUBSEQUENT ORDER OF CONTINUANCE AND 8TH ORDER OF CONTINUANCE as to Phyo Hein Htut. Time excluded from 3/16/2022 until 4/13/2022. (Signed by Magistrate Judge Judith C. McCarthy on 3/16/2022)"
Htut asked for US public money to put on a witness from Myanmar, who would say Htut was a pro democracy activist. The US said if the unnamed witness is deposed, it should be in White Plains. Then, two sealed documents.
On May 2, Htut was the subject of a superseding indictment with false statements added, including his claim that he told people at the Mission about the threats.
On May 18, 2023, the US Attorney's Office filed its motions in limine, including arguing that Htut "should not be allowed to present a duress defense unless and until he proffers evidence to the Court that is sufficient to support such a defense." Watch this site.
Burma did not speak at the UNGA High Level Week, from which UNSG Antonio Guterres and PGA Abdulla Shahid banned Inner City Press.
Burmese sources consulted by Inner City Press wondered aloud if the Thai arms merchant in the Complaint, or allies, might have any role. Inner City Press will keep covering the case, and asking UNSG Antonio Guterres' spokespeople Stephane Dujarric and Melissa Fleming, who don't answer even a law firm's pro bono letter, and Linda Thomas-Greenfield, about it.
On the afternoon of August 6 this: Criminal complaint on Inner City Press' DocumentCloud here: the arrests of PHYO HEIN HTUT and YE HEIN ZAW for conspiracy to assault and make a violent attack upon Myanmar’s Permanent Representative to the United Nations [Kyaw Moe Tun]. HTUT and ZAW were charged in two separate complaints... Between at least in or about July 2021 through at least on or about August 5, 2021, HTUT and ZAW, citizens of Myanmar currently residing in New York, conspired to injure or kill Myanmar’s Permanent Representative to the UN.
During the conspiracy, HTUT communicated with an arms dealer in Thailand (the “Arms Dealer”) who sells weapons to the Burmese military, which overthrew Myanmar’s civilian government in or about February 2021. In the course of those conversations, HTUT and the Arms Dealer agreed on a plan in which HTUT would hire attackers to hurt the Ambassador in an attempt to force the Ambassador to step down from his post. If the Ambassador did not step down, then the Arms Dealer proposed that the attackers hired by HTUT would kill the Ambassador.
Shortly after agreeing on the plan, ZAW contacted HTUT by cellphone and transferred approximately $4,000 to HTUT through a money transfer app as an advance payment on the plot to attack the Ambassador. Later, during a recorded phone conversation with ZAW, HTUT discussed how the planned attackers would require an additional $1,000 to conduct the attack on the Ambassador in Westchester County, and for an additional payment the attackers could, in substance, “finish off” the Ambassador. In response, ZAW agreed, in substance, to pay the additional $1,000 and to try to obtain the additional money.
Inner City Press managed to find and live tweet the presentment of Zaw, here:
OK - now criminal presentment for attempt to kill Burma's UN Ambassador of PHYO HEIN HTUT & YE HEIN ZAW before @SDNYLIVE Magistrate Judge Andrew E. Krause. Inner City Press has reported it (even as banned from UN by SG @AntonioGuterres ) and will live tweet below
Zaw has a Burmese interpreter, a Mr. Leong - certified in California but not New York. He's being sworn in by Judge Krause. No one objects.
Judge: This is an initial appearance, to determine if bail may be set. You have the right to remain silent, any statement that you do make may be used against you. Do you understand? Zaw (though interpreter) Yes
Zaw is applying for a public defender, paid by US taxpayers. Judge: Do you have funds behind that set forth in this affidavit?
Judge: Mr. Zaw, you are entitled to have the consulate of Myanmar visit you. [Note: which consulate? There's a dispute who represents the country here, post-coup] Zaw: Please notify them later, when it become necessary, your Honor.
Zaw: I am 20 years old. Judge Krause: Have you taken any drugs or alcohol in the past 24 hours? Zaw: No. Defense: We are not making a bail application today. [So Zaw will be detained - where? MCC? Valhalla?]
Assistant US Attorney: Defendant was arrested yesterday at 1 pm. He was not able to be presented until today. Judge Krause: We had to locate an interpreter. Then he wasn't available until after 3 pm today...
Judge Krause: Mr. Zaw, you are charged with participating in a conspiracy. Have you reviewed the complaint with the interpreter? Yes. Public reading of the complaint waived.
Zaw wants a copy of the Complaint translated into Burmese. He doesn't have it yet. Judge Krause: It may take a few days. Preliminary hearing on September 1 - but might not happen, if there is an indictment by the grand jury.
Judge Krause: Would the government be seeking detention? AUSA: Yes. As an extreme risk of flight. Judge Krause: Mr. Zaw will be detained.
At the UN, SG Guterres removed Burma's or Myanmar's army from the UN "list of shame" for recruiting and using child soldiers, despite more than 200 cases. Emboldened by corrupt Guterres, they are recruiting and using even more. Now a call for Guterres, trying to steal a second term, to reinstate them on the list - but from a group which seems to join Guterres in banning Inner City Press from (its) press conference.
This case is US v. Htut, 7:22-cr-671 (Roman)
Watch this site.
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US Asks Life Imprisonment for Schulte After Guilty Verdicts in Wikileaks Trial
By Matthew Russell Lee, Patreon Song Book
SDNY COURTHOUSE, Jan 25 – When jury selection was completed for the retrial of accused CIA Vault 7 leaker Joshua Schulte, U.S. District Court for the Southern District of New York Judge Jesse M. Furman told the jurors, Do not read or say anything about the case. Inner City Press was there, and live tweeted here.
[July 20 denial of access here; Brutal Kangaroo]
On July 25 after conviction Schulte sent his own letter to Judge Furman that "we intend to seek immediate sentencing on the counts of conviction" and that he wants "once-weekly SCIF days as the CP case has classified forensic evidence - home computers and servers that were 'classified.'"
Inner City Press live tweeted Schulte's July 26 proceeding, here and below.
On January 19, 2024 Schulte's counsel described five years of torture in the MDC (and MCC), and requested a sentence of 108 months - not the 360 months Probation recommends, using the terrorism enhancement.
On January 25, the US asked for life imprisonment, attaching a letter from CIA Deputy Director David S. Cohen (while redacting more), and beginning "Joshua Adam Schulte stand convicted of some of the most heinous, brazen violations of the Espionage Act in American history."
More on Patreon here.
See Inner City Press filing into the docket on Big Cases Bot, here. Watch this site. The case is US v. Schulte, 17-cr-548 (Furman).
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