Thursday, February 29, 2024
Wednesday, February 28, 2024
Tuesday, February 27, 2024
Monday, February 26, 2024
Saturday, February 24, 2024
Friday, February 23, 2024
Trump Asks to Stay Carroll Judgment or Not Require Bond for Appeal to 2d Circuit
By Matthew Russell Lee Patreon Book Substack
SDNY COURTHOUSE, Feb 23 – The business day after the verdict against Donald Trump for $83.3 million in mostly punitive damages to E. Jean Carroll, Trump's lawyer wrote to the judge that "defense counsel learned for the first time of allegations that Your Honor, while a partner at the Paul Weiss firm, had a “mentor” type relationship with Plaintiff’s lead counsel, Roberta Kaplan."
Alina Habba concluded, "this Court should provide defense counsel with all of the relevant facts. At a minimum, this information could certainly prove relevant to President Trump’s forthcoming Rule 59 motion." Letter on Patreon here. That was rejected.
On February 23 Habba filed a request to "Stay Execution of the Judgment Pending Disposition of the Post-Trial Motions," on the following grounds:
An Unsecured Stay of Execution Is Appropriate Where, as Here, Post-Trial Motions Are Substantially Likely to Affect the Amount of the Judgment.
The Uncertainty of the Bond Amount Warrants an Unsecured Stay
B. Post-trial motions are very likely to reduce the amount of the judgment. ...............4 1. The Punitive Damages Award is Excessive and will likely be Reduced.
The Compensatory Damages Award is Likely to be Reduced
An Unsecured Stay of Judgment Will Impose “Minimal” or No Risk to the Plaintiff .............11 A. An Unsecured Stay While Post-Trial Motions are Pending Poses Minimal Risk .......11 B. Plaintiff Concedes that President Trump can Satisfy the Judgment .
12 III. Failure to Stay Execution of the Judgment Will Inflict Irreparable Injury............13 IV. An Unsecured Stay Until 30 Days After Disposition of Post-Trial Motions Is Warranted Under Both Multi-Factor Tests.....
...14 V. In the Alternative, the Court Should Authorize a Substantially Reduced Bond
Memo on Patreon here.
On January 29 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 ).
The book concludes:
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Amid Attack on CRA FirstSun HomeStreet Bid Hit on Lending Disparities and Data Breach
SOUTH BRONX, Feb 23 – As US bank regulators talk about working to increase the fairness of the financial system, and closely scrutinizing mergers and the spread of bad practices, banks continue to assume they can combine.
Before this week's Capital One - Discover proposal, and ABA lawsuit against the Community Reinvestment Act regulation, there was FirstSun Capital Bancorp of Denver and Dallas saying it will merge with Homestreet, Inc. and Homestreet Bank of Seattle, Washington.
On February 23 Fair Finance Watch with Inner City Press on the FOIA filed with the Federal Reserve: "FirstSun's flagship Sunflower Bank, in Texas in 2022, made 694 mortgage loans to whites, and only 41 to African Americans. Meanwhile it denied 12 applications from African Americans, and only 34 from whites. This is disparate, and more disparate both than the aggregate in Texas.
Nationwide in 2022, Sunflower Bank made 3059 mortgage loans to whites, and only 194 to African Americans. Meanwhile it denied 49 applications from African Americans, and only 259 from whites.
For the record, on managerial resources and otherwise, note that on September 27, 2023, FirstSun Capital Bancorp, the parent company of Sunflower Bank, Guardian Mortgage and First National 1870 (collectively, “Sunflower”), filed a notice of data breach with the Attorney General of California... an unauthorized party likely took advantage of the flaw in the MOVEit software and downloaded copies of files [containing] personally identifiable information."
HomeStreet, meanwhile, is politely said to have had a "tough" 2023.
FFW and Inner City Press have been deeply concerned about the rush by the Federal Reserve to rubber-stamp mergers by redliners, money launderers and predatory lenders. This has been killing the Community Reinvestment Act and so a timely request public hearings.
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In Honduras Trial Cop With Drug Ledgers Is Asked about Police Station Signs Not Tony H
by Matthew Russell Lee, Patreon Substack
SDNY EXCLUSIVE, Feb 23 – 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 United States.
[Espanol aqui]
On February 23, 2024, after Ardon, Police Officer Miguel Reynoso who testified in the Tony Hernandez trial took the stand. Some:
JOH's lawyer Renato Stabile cross examining Officer Reynoso
Stabile: Mr. Reynoso, how long after you received evidence are you supposed to voucher it?
Reynoso: In the least amount of time possible. Here, we also had guns. JOH's lawyer Stabile: Did you work on June 6, 2018? Reynoso: Yes.
Stabile: What were your duties that day? Reynoso: I don't remember, specifically... We went to the 105th Brigade and later to our office.
Judge Castel: How much more do you have? Stabile: An hour Judge Castel: Ask your next question.
JOH's lawyer Stabile: Do you know when this photograph was taken? Reynoso: No. But it was in the morning. Stabile: That banner, was it there before or only for the photo?
Judge Castel: How is that relevant? Undue waste of time
JOH's lawyer Stabile: It says, Operacion Morazan - what is that? Reynoso: I don't know. Stabile: FUSINA - can the translator translate what that means in English?
Judge Castel: That's not the job of the interpreter.
Stabile: It's their exhibit. Judge: Not relevant JOH's lawyer
Stabile: What did you do with the things on the white table? Reynoso: We started working. We counted the money and then the guns.
Judge Castel: We have finished our work for the week
Juez Castel: Hemos terminado nuestro trabajo de la semana
More details on X for subscribers here and Substack here
The case is US v. Diaz Morales, et al., 15-cr-379 (Castel)
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In Narcos Honduras Trial Ardon Describes Chilling with Chapo Cash for JOH Campaign
by Matthew Russell Lee, Substack
LITERARY COURTHOUSE, Feb 22 – Alex Ardon had been the mayor of Paradise, or Paraiso. In that role he had authorized other drug traffickers to come onto his turf and kill their enemies.
He himself killed, those ones for revenge. An older man stole a cow from his father and also tried to kill him. Instead he was killed by Alex Ardon.
These murders were confessed to, more than 50 of them, in Ardon's cooperation deal.
And in the Juan Orlando Hernandez trial, Ardon was brought to lower Manhattan from a jail in Bergen, New Jersey, to answer questions first from the prosecutors, from the end of one day to the afternoon of the next, then from JOH's old lawyer Colon, who had not finished by day's end.
Ardon described El Chapo coming to a meeting in the house he built for his mother, a million dollars in a briefcase that had to be protected by three cars. The area, he said, was mountainous.
JOH gave Ardon's brother Hugo the job as head of the road paving agency. And this million dollars, Ardon said, was for JOH's campaign. To keep them all safe from prosecution, safe from extradition to the North.
Except now here they all were, Chapo in Super Max under Colorado with Saipov, and Ardon here, testifying against JOH...
Continues with Spanish and more details on X for Subscribers here and Substack here
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As UN Guterres Covers Terror Role of UNRWA He Bans Inner City Press Which Exposes It
by Matthew Russell Lee, Patreon Book Substack
UN GATE, Feb 22 – For months 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.
A year ago, Inner City Press reported the corruption in UNRWA, by name:
"Dear Matthew Russell Lee / Inner City Press: We are a group of UNRWA staff who are witnessing daily violations and abuses and are unable to do anything about it due to bullying and fear of retaliation by the senior management. We have several documented cases of abuse and fraud by senior directors who are protected by the commissioner general. We saw your reporting, so:
Brian Baker, a national of the UK and a former UNICEF staff member, was moved out of Gaza a few years back for his problems with the community. He was interviewed in Jan 2019 for a P5 position of chief security. The Panel found him unsuitable and opted for another candidate of an Egyptian nationality.
Less than a year later, Brian was appointed as a Director of Security and Risk management with a fraud process orchestrated by the Director of Human Resources Antonino Brusa who is a friend and a former colleague of Brian Baker.
So who didn't know about the tunnels? We'll have more in this series.
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.
In the past weeks, 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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Split Verdict in Freedom of Access to Clinics Act Violation Trial As Chavannes Not Guilty
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Feb 22 – In late 2022 Bevelyn Beatty Williams and Edmee Chavannes were indicted for conspiracy to violate the Freedom of Access to Clinic Entrances Act.
On February 2, 2024 their final pre-trial conference was held before U.S. District Court for the Southern District of New York Judge Jennifer L. Rochan. Inner City Press was there, the only media in the courtroom. Thread
On February 12, Inner City Press covered the selection, past 6 pm, of a jury of seven men and five women (of the four alternates, three are men). At least one donor to Planned Parenthood, it is noted, made it only the jury.
On February 14, after a snow day and a juror's late arrival, the prosecutors put on the stand Lauren Betters and a Mr. Liman about the June 19-20, 2020 protest at Bleecker and Mott Streets, and the non-engagement policy as a business record.
On February 16, a witness described protests in Fort Myers and Naples, Florida. He said he thought protesters had guns.
[Shaky video shown of Bevelyn Williams saying she didn't want to get arrested that day because she was pregnant]
On February 22, Williams was found guilty - but Chavannes was found not guilty.
More details on Substack here
The case is US v. Williams, et al., 22-cr-684 (Rochon)
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Split Verdict in Freedom of Access to Clinics Act Violation Trial As Chavannes Not Guilty
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Feb 22 – In late 2022 Bevelyn Beatty Williams and Edmee Chavannes were indicted for conspiracy to violate the Freedom of Access to Clinic Entrances Act.
On February 2, 2024 their final pre-trial conference was held before U.S. District Court for the Southern District of New York Judge Jennifer L. Rochan. Inner City Press was there, the only media in the courtroom. Thread
On February 12, Inner City Press covered the selection, past 6 pm, of a jury of seven men and five women (of the four alternates, three are men). At least one donor to Planned Parenthood, it is noted, made it only the jury.
On February 14, after a snow day and a juror's late arrival, the prosecutors put on the stand Lauren Betters and a Mr. Liman about the June 19-20, 2020 protest at Bleecker and Mott Streets, and the non-engagement policy as a business record.
On February 16, a witness described protests in Fort Myers and Naples, Florida. He said he thought protesters had guns.
[Shaky video shown of Bevelyn Williams saying she didn't want to get arrested that day because she was pregnant]
On February 22, Williams was found guilty - but Chavannes was found not guilty.
More details on Substack here
The case is US v. Williams, et al., 22-cr-684 (Rochon)
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SafeMoon Karony Got $3 Million Bail so Inner City Press Bid to Unseal Co Signers Like SBF
by Matthew Russell Lee, Patreon Book Substack
EDNY COURTHOUSE, Feb 22 – On November 2, 2023 SafeMoon's trio were indicted in the U.S. District Court for the Eastern District of New York. Inner City Press covered it.
Prosecutors charged Braden John Karony, Kyle Nagy, and Thomas Smith with conspiracy to commit securities fraud, conspiracy to commit wire fraud and money laundering conspiracy for their roles in defrauding investors in a decentralized finance digital asset called “SafeMoon” Earlier today, Karony was arrested in Provo, Utah...
On November 3, Smith was arraigned, bond document on Patreon here ....
On November 8, EDNY prosecutors wrote "seeking the detention of the defendant Braden John Karony." Full memo on Patreon here.
But Karony was ordered free on bond, by Magistrate Daphne A. Oberg (whose previous freeing of January 6 defendant John Earle Sullivan Inner City Press previously covered here). The EDNY prosecutors have written to the assigned District Judge to appeal / seek a stay, 6-page letter on Patreon here.
On Sunday November 12 Karony's lawyers wrote in that "without more, every U.S. citizen facing criminal charges in the digital asset space would be detained through trial, in effect establishing an unrebuttable crypto presumption." Full letter on Patreon here.
On November 13, Inner City Press live tweeted the bail appeal in which Karony was ordered detained and to be brought to EDNY, thread
On November 22, Karony's lawyers filed - Letter on Patreon here.
On November 27, the prosecutors replied that transport will take the time it takes, and there is no basis for release. Letter on Patreon here.
Late on November 29 the EDNY US Attorney's Office filed its discovery list, on Patreon here.
In the run up to an EDNY appearance by co-defendant Smith, the US Attorney's Office on December 5 disputed Karony's lawyers' characterization of their position. Email on Patreon here.
Inner City Press called in to District Judge Komitee's proceeding, but heard only lawyers on hot mic. The next day, it was docketed that the hearing - no public access, despite it being by phone? - was before a Magistrate Judge: "Minute Entry for proceedings held before Magistrate Judge James R. Cho: Government opposed the bail package as stated on the record." Was this an open proceeding? Judge Komitee has previously unsealed a sentencing video after Inner City Press' filing. But on this, there may be no remedy...
On December 18, co-defendant Thomas Smith had a new lawyer file a notice of appearance in the EDNY case - a Federal Defender, publicly paid. On Patreon here.
Back on December 8 Judge Komitee signed an order to move Karony from Utah's Metro & Oxbow Jail to the EDNY "forthwith," order on Patreon here.
And weeks later, Karony was appeared in the BOP database as in MDC Brooklyn for Christmas...
On December 28, co-defendant Thomas Smith's Federal Defender wrote in seeking permission, with prosecutors' consent, for him to travel to Evans, Georgia - for a training. Filing on Patreon here.
In February, Karony was given a new free lawyer and a $3 million bond package - but the co-signers are confidential, unlike what Inner City Press unsealed as to SBF in SDNY: "Minute Entry for proceedings held before Magistrate Judge Taryn A. Merkl: Bond Hearing as to Braden John Karony held on 2/9/2024. Bond set at 3 Million. Defendant released. Defendant advised of bond conditions set by the Court and signed the bond. 4 Surety/ies sworn, advised of bond obligations by the Court and signed the bond (2 present in Court, 2 by telephone). 2 Additional Surety/ies to co-sign bond by 12/16/2024. Sureties names and addresses should be redacted on the bond that is available to the public." Why?
Inner City Press on February 17 filed a letter to unseal the co-signers - on February 22 Judge Komitee to his credit had it docketed. Now what?
Inner City Press will follow the case(s)
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For Kicking Cuffed Prisoner in Chest NYPD Genco Pled Get 3 Months US Says Broke Deal
by Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Feb 22 – A misdemeanor criminal plea to Deprivation of Rights under Color of Law was entered by Dustin Genco on August 2, 2023 before U.S. District Court for the Southern District of New York Magistrate Judge James L. Cott.
Inner City Press live tweeted it, thread here
On January 8, Genco's lawyer wrote in - to Magistrate Cott - to again ask for 30 days delay, stating that "two issues in this case recently arose... additional time is conducive to a resolution."
On January 9, Judge Cott agreed - seemingly for the last time: "Application granted. The sentencing is adjourned to February 22, 2024 at 10:00 a.m. in Courtroom 21-D."
On February 12 Genco finally submitted his sentencing memo and asked for no jail time. He cited no jail time for another NYPD officer convicted "in the shooting death of an unarmed black man in 2014."
On February 16 the US Attorney's Office wrote in to say Genco "has not accepted responsibility for his conduct" and has breached his plea agreement. While saying they could rip it up and take him to trial, they reiterate their request for 12 months.
On February 22, Genco was sentenced to three months in prison: DUSTIN GENCO, a former investigator with the Nassau County District Attorney’s Office and Task Force Officer with the U.S. Drug Enforcement Administration (“DEA”), was sentenced by U.S. Magistrate Judge James L. Cott to three months in prison for depriving an individual (the “Victim”) of his constitutional right to be free from excessive force.
The case is US v. Genco, 23-cr-391 (Subramanian / Cott)
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