Friday, July 19, 2024

Harris After Plea on Ashley Biden Diary Failed to Surrender As Arrested Now Transfer to BOP


By Matthew Russell Lee, Patreon Substack

SDNY Exclusive follow up, July 10 -  For taking and transporting Ashley Biden's diary from Florida to New York, guilty pleas on no notice were entered by Robert Kurlander and Aimee Harris. Inner City Press was there, and live tweeted below.

On January 29, 2024 the day before her sentencing scheduled for January 30, Harris wrote in through counsel to ask to appear by video to request an adjournment, saying she is sick and has no childcare.

On January 30, Inner City Press was in the courtroom. At first, Harris would not unmute; when she did there was shouting, police radio squawk, and a stand-off. Thread

On February 5, Inner City Press went. Thread

On March 25, before the March 27 sentencing, the US Attorney's Office wrote in including that "the Government understands that the defendant did not comply with this Court’s directive" - full letter on Patreon here.

On February 5, the judge said "Ms. Harris, you must be here in person for the March 27, 2024 sentencing date. I do not want to have to consider

More including transcript photo (X subscribers) here and on Substack here

On March 27 at 2:30, thread

Judge: See you on April 9.

Then after the judge left the bench, Aimee Harris spoke into an open / hot mic

More on X for Subscribers here & Substack here

On April 2, the US Attorney's Office wrote in asking for four months in prison (compared to, previously, six months home confinement). Letter on Patreon here.

On April 9, Harris did appear for sentencing - and after sobbing, got one month in prison. Thread on X here (on Meta's Threads here) - and more on X for Subscribers here and on Substack here.

On July 1, before the July 9 surrender date, this: "ORDER as to Aimee Harris. Defense counsel has requested a conference, informing the Court that Defendant may wish to apply for change of counsel and make an application for bail pending appeal. Defense Counsel has further informed the Court that Defendant wishes to attend the conference remotely.1 A conference will be held on Wednesday, July 3, 2024, at 11:30 a.m."

Inner City Press went to cover it - but was quickly asked to leave the courtroom, which was sealed after Aimee Harris said she is being harassed by people who identify themselves as journalists. Hallway thread:

[Before Judge in] Clerk: Ms Harris, can you hear us?

Aimee Harris ["appearing" in SDNY court virtually from Florids] Only every other word.. I'll move and take my earbuds out.  [Now Aimee Harris appears on screen in SDNY courtroom, white headphones on, turquoise wall behind her] Aimee Harris: You sound far away but I can hear you.

All rise!

 Judge: Ms Harris, please turn your camera on. I have the CJA attorney on duty today here.  Judge: Ms Harris has changed from 2 Criminal Justice Act lawyers earlier in this case. Now there's a request ex parte and under seal. Aimee Harris (camera view bobbing around) I signed to be here by Zoom. Are there other people in the courtroom there? Yes. 

Aimee Harris: I am concerned. I have been harassed by people identifying themselves as reporters... Judge: We are going into sealed session, to discuss attorney -client privilege issues. I ask the Press to leave [While many such Curcio hearing are open, I leave]  [It is 11:57 am and the Press is out by the elevators, outside the courtroom.

 Update - allowed back in at 12:55 pm - one hour sealed. Judge: The transcript will remain sealed.. The request for a change of counsel has been denied. And surrender remains Tuesday, July 9

On July 9 the US Attorney's Office wrote it that Harris failed to surrender, as she "was arrested on July 8, 2024 in McIntosh County, Georgia. Based on  information that Pretrial Services received from the McIntosh County Sherriff’s Office, the  Government understands that the defendant was charged with multiple offenses, including driving  with a suspended license, speeding, possession of an open container, possession of marijuana, and  obstruction of a law enforcement officer. The defendant is currently in state custody in connection  with those charges." Full letter on Patreon here.

On July 10 in the morning, this: "re: Aimee Harris's Failure to Surrender. ENDORSEMENT: The Court will execute the warrant upon receipt of the anticipated request from Pretrial Services. Any defense opposition to the request for revocation of the voluntary surrender order and direction for transfer to the BOP must be filed by July 10, 2024, at 4:00 pm."

But before 4 pm, the US wrote in and Judge Swain endorsed: "The Government was informed today that the United States Marshals Service for the Southern District of Georgia has transferred the defendant to BOP custody, since the state facility where the defendant is being held is also utilized as a federal holding facility. The United States Marshals Service therefore requests that the Court vacate the July 9 arrest warrant so that the defendant can be designated and commence service of her sentence."

"The foregoing request is granted. DE # 129 is resolved. SO ORDERED. 7/10/2024 /s/ Laura Taylor Swain"

More on X for Subscribers here & Substack here

The case is US v. Harris, 22-cr-457 (Swain)

sdny

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