Amid Coronavirus US Said OK To Releasing #6ix9ine As Kooda Partying Noted By Judge Engelmayer

By Matthew Russell Lee, Patreon Thread ScopeBBC - Guardian UK - Honduras - Vulture

SDNY COURTHOUSE, April 2 – Daniel Hernandez a/k/a Tekashi 6ix9ine was sentenced to 24 months of total imprisonment on December 18 in a proceeding live tweeted by Inner City Press before U.S. District Court Judge Paul A. Engelmayer.

  It still seems 6ix9ine will be ordered released at some point, after the April 1, 2 pm letter from the US Attorney expression no opposition, below.

  But Judge Engelmayer not issuing an order as to Hernandez / 69, now for 23 hours, comes in the context of his April 2 issuance about 69's initial co-defendant he recently released, Kintea "Kooda" McKenzie: "ORDER as to Kintea McKenzie. The pretrial services officer has received and forwarded to the Court a video that appears to be of Kintea McKenzie, apparently taken shortly after his release from federal custody this week on the grounds that his presence in the Metropolitan Correctional Center pending sentencing exposed to him to an outsize risk of contracting COVID-19. The video appears to reflect Mr. McKenzie partying in very close proximity to numerous others. The Courts staff is furnishing a copy of the video to counsel by email. The Court directs that the Government and defense each submit a letter, due Friday, April3, 2020, at 5 p.m. setting forth their views on this matter. Counsels letters are to address, interalia, the above concerns and to set out their views on the Courts appropriate response. The Court expects that the Governments letter will also set out the views of Pretrial Services. To assure that the letters reflect an orderly and complete exchange of views, the Court directs that Government and defense counsel confer by telephone, by no later than 11 a.m. on Friday, April 3, 2020, to share their views and anticipated recommendations. SO ORDERED (Signed by Judge Paul A. Engelmayer on 4/2/2020)(jw)." Watch this site - more on Patreon, here.

  Here was the US Attorney's April 1 letter: "Re: United States v. Daniel Hernandez, S5 18 Cr. 834 (PAE) Dear Judge Engelmayer: The Government writes in response to the Court’s April 1, 2020 Order (ECF No. 446) asking whether the defendant has exhausted all administrative rights set forth in 18 U.S.C. § 3582(c)(1)(A)....During the sentencing of the defendant on December 18, 2019, the Court extensively analyzed the Section 3553(a) factors as applied to the defendant, including, among other factors, the cooperation the defendant provided the Government in its investigation and prosecution of the Nine Trey Gangsta Bloods. The Court further noted in its March 25, 2020 Order (ECF No. 440), that Section 3553(a) instructs the sentencing court to consider “the need to provide the defendant with needed . . . medical care,” (ECF No. 440 at 3 (quoting 18 U.S.C. 3553(a)), and indicated that the Court intended to grant the defendant’s motion if it had the legal authority to do so.

Accordingly, in light of the analysis under Section 3553(a) detailed during the defendant’s sentencing and the Court’s March 25 Order, in the event the Court finds “extraordinary and compelling reasons” presented by the defendant’s medical condition, placing him at high risk during the COVID-19 outbreak, the Government does not oppose the defendant’s motion for compassionate release."

  US does not oppose. Here was Judge Engelmayer's morning order on April 1: "ORDER as to Daniel Hernandez: The Court has received an application from counsel for Daniel Hernandez, Dkt. 445, representing that the Bureau of Prisons has now denied his request for compassionate relief and that the Court's review under 18 U.S.C. § 3582(c) of his application to convert the balance of his term of imprisonment to a term of home confinement is now administratively proper. The Court directs that the Government respond by no later than 5 p.m. today. The parties are advised that, provided that the Court has legal authority to grant the relief requested by defense counsel, the Court intends to do so SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2020) (lnl)."

 Inner City Press reported, other others picked up with credit, that on March 22 Hernandez / 69's lawyer Lance Lazzaro asked Judge Engelmayer to order his client released citing his asthma and shortness of breath, Coronavirus and the case in the MDC in Brooklyn (although 69 is it seems in the private contractor GEO facility in Queens, the adherence to BOP protocol and inclusion in its COVID-19 statistics is not clear).

  On March 25 Judge Engelmayer issued a ruling, denying the request but instructing the Bureau of Prisons what he would have ruled, if he'd known of Coronavirus. But Lazzaro argued that his client is structurally unable to request relief for BOP, without the US Attorney's Office consenting in some way.

  Now on the evening of March 31 Inner City Press can report that Lazzaro, though another, made a final plea to the BOP, which turned him down:

From: "Shannon Robbins" at bop.gov Subject: Re: Daniel Hernadez #86335-054 Date: March 31, 2020 at 1:52:52 PM EDT To: "Elis Pacheco"

Mr. Pacheco, Mr. Hernandez is currently housed at the GEO facility in the custody of the US Marshals Service. We do not have any authority or oversight of his case as he is not in a BOP facility. If the Court orders a compassionate release for him, that information will be provided to the US Marshals Service and the GEO facility for processing. I am hopeful this information will be helpful. Shannon Shannon Robbins, Section Chief Designation and Sentence Computation Center 346 Marine Forces Drive Grand Prairie, Texas 75051

 So Lazzaro has renewed his appeal to Judge Engelmayer: " BOP has now denied Mr. Hernandez’s administrative request for compassionate release. As per the attached e-mail dated March 31, 2020, Section Chief Shannon Robbins with BOP’sDesignation and Sentence Computation Center, Mr. Hernandez’s administrative request to BOP for compassionate release was denied because as a non-BOP inmate, BOP is refusing to grant Mr. Hernandez compassionate release. According to 18 U.S.C. § 3582(c), a court may, upon a finding of extraordinary and compelling circumstances, reduce the prison term of a defendant’s sentence if BOP has denied compassionate release after the defendant has exhausted all administrative remedies with BOP. Accordingly, in this case, your Honor now has the statutory authority to modify Mr. Hernandez’s sentence so as to immediately release him from prison." Watch this site.

   The US Attorney's Office, AUSA Longyear, did not consent to Kooda's release pending sentencing. But on March 30, Judge Engelmayer granted release on conditions: "ORDER as to Kintea McKenzie (11): The Court accordingly grants Mr. McKenzie's application for release, pursuant to 18 U.S.C. § 3145(c), on the same bond and conditions upon which he was released prior to entering his plea of guilty and during the two weeks following that. This release is to occur only upon the instatement of all of these conditions, including securing written confirmation by the co-signers of the bond of their willingness to again so serve. Mr. McKenzie's release is to last only as long as the current public health emergency, or until otherwise ordered. The Court further notifies Mr. McKenzie that it expects scrupulous compliance with all conditions of release, and that a violation of any condition will subject Mr. McKenzie to immediate remand. Mr. McKenzie's sentencing remains scheduled for June 24, 2020, a date the parties should treat as firm. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/30/2020)."

Here's from the docket, on 69: "ORDER as to (18-Cr-834-04) Daniel Hernandez. The Court has received a letter request from defense counsel seeking a modification of the sentence of defendant Daniel Hernandez. Dkt. 437. Counsel represents that Mr. Hernandez is expected to be released from custody on or about July 31, 2020. Counsel asks the Court to modify the sentence to provide that the remaining months of Mr. Hernandez's prison sentence be served pursuant to home confinement, to reduce the risk that Mr. Hernandez, who has been diagnosed with asthma, will contract COVID-19 in prison. Id. The Court has also received a letter from the Government opposing this request, largely on the ground that the Court lacks authority to grant this request, Dkt. 438, and a letter reply from counsel for Mr. Hernandez, Dkt. 439. The Court is constrained to deny Mr. Hernandez's request. Having canvassed potential sources of legal authority, the Court concludes that it lacks the legal authority to thus modify his sentence. And counsel for Mr. Hernandez, in his letters, has not identified any available such authority. Briefly:...[See this Order]... The Court, however, is prepared to state the following, as it may be instructive guidance to the Bureau of Prisons in considering an application by Mr. Hernandez for release on home confinement. The Court's judgment at sentencing was that the § 3553(a) factors required imposition of the sentence imposed. And based on the same assessment, the Court later rejected Hernandez's motion to modify his sentence to substitute home confinement for the balance of his term of imprisonment, Dkt. 409, on the grounds that such a modification "would disserve the assembled 18 U.S.C. § 3553(a) factors, including that Mr. Hernandez's sentence reflect the seriousness of his crimes." Dkt. 411. At the time of sentencing, however, the Court did not know and could not have known that the final four months of Mr. Hernandez's sentence would be served at a time of a worldwide pandemic to which persons with asthma, like Mr. Hernandez, have heightened vulnerability. Section 3553(a) instructs a sentencing court to consider, inter alia, the "history and characteristics of the defendant" and "the need to provide the defendant with needed... medical care." 18 U.S.C. § 3553(a). Had the Court known that sentencing Mr. Hernandez to serve the final four months of his term in a federal prison would have exposed him to a heightened health risk, the Court would have directed that these four months be served instead in home confinement. The Court accordingly denies Mr. Hernandez's motion for relief. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/25/2020)(bw) ."

 On March 24, after Assistant US Attorney Michael Longyear replied, Lazzaro wrote a second time, that "It is somewhat ironic and extremely unfair that, given Mr. Hernandez has provided substantial assistance to the government and the government maintains a hold on Mr. Hernandez as a cooperator, the government has effectively prevented him from being a BOP prisoner and the government now opposes Mr. Hernandez’s release because he has not made an administrative appeal with BOP. Most inmates with Mr. Hernandez’s 24-month sentence would already be on home confinement or a half-way house. See 18 U.S.C. §§ 3621, 3624. Title 18, section 3624(c) of the United States Code requires the Bureau of Prisons to ensure that prisoners serving a term of imprisonment spend a portion of the final months of that term under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for reentry into the community. As a non-BOP prisoner, Mr. Hernandez is incapable of taking any administrative action with BOP. Mr. Hernandez has done everything that the government has ever asked, and in return, the government now opposes Mr. Hernandez’s request for home confinement, in an attempt to protect his health, based upon his inability to perform an administrative function which the government itself has made impossible. Therefore, given Mr. Hernandez’s high risk of death or serious complications if he contracts COVID-19, please issue an order modifying his sentence to allow him to begin home confinement immediately. New York Governor Andrew Cuomo has stated recently that New York City can expect a significant surge and spike of coronavirus cases within the next couple of weeks. As stated today by the Trump coronavirus task force, this country has seen 52,000 COVID-19 cases to date, with 685 deaths and 144 deaths today alone. Additionally, 60 percent of all new COVID-19 cases are coming out of the New York City metro area."  We'll have more on this.

On March 9 Inner City Press reported that the US Bureau of Prison has listed under "Daniel Hernandez, White, 23, Not in BOP Custody" a release date of August 2, 2020, here.

 As a cooperator, #6ix9ine has been in the GEO private prison in Queens. Meanwhile Inner City Press' reporting of the proceedings before SDNY Judge Engelmayer has been demonetized by Google for including from the transcript the F-word and N-word. These were said. More on all this to follow.

 On February 17 the US Attorney's Office asked Judge Engelmayer to sentence one of the two defendants convicted at trial with 69's testimony, Aljermiah "Nuke" Mack, to at least thirty years in prison.

 On February 24, Inner City Press live-tweeted the more than three hour sentencing proceeding, here.  Judge Engelmayer came out at a sentencing guideline of 235 to 293 months. As well as reading from apparently every letter received, Judge Engelmayer said that not accepting responsibility, going to trial despite extensive audio and other evidence, militated years higher than he would otherwise have gone.

  He compare Mack to Jamel Jones, noting that Jamel not Nuke was caught on take threatening to "super-violated" #6ix9ine but also had less of a criminal history. He cited Mack robbing Roland Martin of a Range Rover and a Rolex, brandishing a gun. He focused on selling fentanyl as heroin.

  Judge Engelmayer imposed a sentence on Aljermiah Mack of 204 months or 17 years. The government urged that it not be on the East Coast but Judge Engelmayer proposed near NYC, pending language to be submitted by defense attorney Louis Fasulo overnight.

 Anthony "Harv" Elisson's sentencing has been pushed back to April 1. Inner City Press will be there.

  On February 12 another of 69's initial co-defendants Fuguan Lovick a/k/a Fu Banga entered in shackles for sentencing by Judge Engelmayer. Inner City Press aimed to at least partially live tweet, but it was not possible: no phone use in courtroom and for various reasons not otherwise possible. The government was asking for a sentence of from 90 to 96 months in jail, 84 of them for pleading guilty to shooting a gun at the Barclay's Center in downtown Brooklyn. Lovick declined to speak (he had written a letter); his lawyer Jeffrey Pittel asked for one day on Count 6.

   Judge Engelmayer noted that while Lovick had a number of run ins with the law since 1999, none in the past seven years, and jobs in Home Depot and construction. His father made him sell heroin; he witnessed a murder on the way to school.

  As to the shot, Judge Engelmayer said that Daniel Hernandez was to give a performance and Lovick shot a gun over the heads of a rival rapper's entourage.

 Judge Engelmayer: "I should say that many shots taken in the Barclays Center miss" - then he credited Lovick with missing his gun shot on purpose, but still said it was dangerous. He imposed a sentence of 85 months, then three years of Supervised Release, in Connecticut where Lovick's son lives. He wished Lovick, and two relatives in the gallery, well. And Inner City Press, prohibited from live tweeting the thoughtful sentencing, ran and wrote this. We'll have more, including on April 1.

Inner City Press covered the trial Hernandez testified at, and the other sentencings in the case and will continue to. The case is US v. Jones, 18-cr-834 (Engelmayer). More on Patreon here.

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In SDNY Tekashi 6ix9ine Trial Closes With Accusation Of Faked Car Jacking 5 Day Break

By Matthew Russell Lee, Patreon, AudioThe Source - XXL - The Root - Vibe, etc

SDNY COURTHOUSE, Sept 26 – In the case of US against Aljermiah Mack and Anthony Ellison, after having for three days used the testimony of Daniel Hernandez / Tekashi 6ix9ine, the government told the jury to believe him because he would be insane to lie: it could get him the mandatory minimum of 47 years.

  Ellison's lawyer Deveraux Cannick, in his closing argument, repeated that 6ix9ine was trying to promote his song with Nicki Minaj when he faked the car jack and robbery. Why didn't he call Sara, Cannick asked, and say that he'd been robbed?

 In rebuttal, AUSA Longyear did not address this argument. The jury will wait five days to return and be charge and begin deliberating. More on Patreon here.

Here's the beginning of who it went on September 26:  "AUSA Warren starts with Gov Exhibit of Harv Ellison saying "they don't want war with Billy, we big behind the wall. They just NYC. Billy, we worldwide." US Attorney's point: Nine Trey is a conspiracy

 AUSA Warren quotes Harv Ellison telling #6ix9ine "not to be a poseur" (Warren's words), not to choose when the f*ck to show up Inner City Press @innercitypress · 6h AUSA Warren tells jury, "Look at what Ellison does not say. He does not say, 'What do you mean? I am not a gangster. What do you mean, "Blood"?'"   Yeah, he didn't say that.

 AUSA Warren quotes Ellison that "you can't pick and choose when to be a gangster," says he's guilty of Count 1. Turns to October slashing of the witness who had a compulsion order to testify yesterday but in the end wasn't called  Note: there is a photo of the slashed face in evidence; Inner City Press has not published it out of respect. (Also, would non-responsive Twitter call it impermissible content even though it's evidence in a Federal trial? Questions, questions)

 AUSA Warren: Harv was going to see Ms. Ramirez on at the Ludlow Street hotel the night of the slashing, but that all hell broke loose in and around Smurf Village. Harv drove from the West Side to Brooklyn, sending video from Battery Tunnel...

 Now yesterday's cell site records are coming in - showing Harv on the move to Brooklyn. "Remember Ms. Ramirez testified that on Fulton and Utica she met Mr. Ellison and his friends" - and that he left her with them. AUSA: "That is frantic behavior."

 Now AUSA Warren turns to "robbery and kidnapping of Daniel Hernandez," Tekashi #6ix9ine. He says it was NOT staged.

 Now US Attorney is playing audio that driver Jorge Rivera, cooperating with government after picked up on immigration charges, recorded of Shotti telling #6ix9ine, we got to kill somebody, I drive around with a semi-automatic rifle

 In the recording (by Jorge Rivera), Shotti says he shot five people in one night for Mel Murda. Shotti: "I earned my stripes."

AUSA Warren asks jury if they think #6ix9ine's career would be helped by being seen beaten up and chain stolen. Shows photo of his swollen face. AUSA Warren tells jury, Remember that the driver Jorge Rivera was also robbed. He had a gun pointed at his head and they took his cell phone.

AUSA Warren quotes Mr. Ramirez that Harv bragged to her that he still had some of #6ix9ine's chains, months after the robbery.

Warren quotes Nuke Mack that you gotta either be the shooting or the grinder, selling drugs, you can't be both at once. Division of labor.

 Government shows video Nuke Mack uploaded to Instagram of robbing and yelling "Trey Way for real." Notes he was wearing the same green polo and cap as in the exhibit photo.  It had to happen: AUSA Warren brings up #6ix9ine's selfie with Mister Met, when they got the call that Ro had been robbed

 US Attorney playing more recorded calls between Mack and Kristian Cruz, saying they shouldn't have given Shotti drugs on consignment, you gotta be a shooter or a grinder, you can't be both, you f*ck it up for the next man

 AUSA Warren mocks defense argument that Mack was only chattering with Kristian Cruz 'cuz he was lonely. "They are talking about specific quantities of drugs, specific numbers," Warren says. AUSA Warren says the Nine Trey Bloods are or were organized: Cruz took a street beef to the prison line up.  @SDNYLIVE : Sorta like Shotti appealing to the Second Circuit?

 OK, they've said it again. Assistant US Attorney Warren just said, "Jim Jones was the one on the call with Mel Murda about violating Daniel Hernandez." #RetiredRapper

 AUSA Warren: "Cruz testified that Mack had a gun when he went to Mack's apartment to deliver heroin... I'm going to make one more point, then talk about the law then sit down." Then a break then defense closing arguments.

 Defense closings have begun. Mack's lawyer Fasulo reminds the jury what his associate Huot told them in opening: in a college fraternity you are not responsible for what another chapter of the fraternity does. #AnimalHouse

 Fasulo reminds that jury that the prosecution made a big point of how organized Nine Trey was, with various "lines" with people at the top. He asks, but what line was Mr Mack in? No line. [Implication: not really a member, or not response for what others did]   Fasulo asks how Mack can be charged with a shooting that was a shooting at... Mack. Mack shoots at himself? That's a conspiracy? Fasulo says that the US calls an agreement was just a conversation, like among people living in a condo or co-op.  Fasulo tells the jury to pay attention to audio and video he's about to play for them.   Then it doesn't work. He says, you can ask for it in the jury room.

 Now Fasulo, after citing as everyone else has the Mister Met selfie with #6ix9ine, says "we've talked about trolling, how Mr Hernandez admitted he likes to get under people's skin, posting videos, getting attention"

 Now Fasulo attacking Count 7, which he asked unsuccessfully to have dismissed. "The gun. Who links Mr. Mack to a gun? Only Kristian Cruz. That's it. Cruz."

 Ask Fasulo talks about RICO enterprise, an associate tried to leave him a note on the lectern. He doesn't not pick it up. So the associates comes forward and hands it to him.

Fasulo says while Kristian Cruz says "jack" means robbery, another said it means "approve," as you "you can't jack that" denoted "you can't approve that."

Fasulo continues questioning the "coded language" - does food always mean heroin?  Does "a buck fifty" mean a slashing or 150 grams of heroin? He urges the jury to question all coded language Fasulo tells jury it is entirely up to the government whether to give out the 5K1 "golden letter," says it's a big incentive to perform for the government, even to lie.

 Fasulo tells the jury that #6ix9ine "is a master at reading an audience... But what does he really know about Mister Mack? He heard that Mack did nothing. He didn't see it. He doesn't know."

 Fasulo turns to cooperator Kristian Cruz, says he pled guilty to paying a witness, obstruction of justice, asks How can you believe him?  Hasn't laid a glove on Jorge Rivera, though : )

 Fasulo still hammer at Kristian Cruz: he used his mother's house (and account) for drugs... he boosts his profits by mixing heroin with deadly fentanyl...  

 Fasulo turns to Kristian Cruz and "law enforcement" - Cruz bragged he got a cop to work for his drug enterprise. He set up a robbery committed by people impersonating police officers. Once in prison he used a cell phone - contraband

 Fasulo is done. Judge Engelmayer says Mr Smallman is checking if jurors' lunch has been delivered. Remaining: Cannick for Harv Ellison, government rebuttal. Then Judge Engelmayer's jury charge...

 Judge Engelmayer gives the jury a break until 1:20 pm for Cannick's closing argument for Harv Ellison. Should be interesting. This threat will resume at that time. Warning: from now until then, a thread about questions put in today to corrupt UN we're banned from

Ellison's defense lawyer Deveraux Cannick has started up by telling the jury to closely review #6ix9ine's testimony, says he was prepared for hours and hours by the government and still there are holes in his story.

 Cannick emphasizes that #6ix9ine said he only made one call, a Facetime to his daughter. Turns to Cruz claiming he's worthy of your belief. "Ladies and gentlemen, I don't buy it."  Cannick is saying sometimes the government should tear up the 5K1 letter, but doesn't. Here's Inner City Press on a cooperator who after the deal smuggled drugs into private prison and sold them. Judge Gardephe was outraged, gave 4 years

 Government objects to Cannick saying a Kristian Cruz call was in the last six weeks. Judge Engelmayer doesn't rule, tells jury that their recollection will control. Cannick going back and forth between references to #6ix9ine and Cruz

 Cannick: Cruz has no familiarity with Harv. He said, "Harv is not a thief" only in order to prime the pump and get Mel Murda to talk. But where did Mel Murda get his info from? Shotti. But #6ix9ine said "Shotti is a liar. Shotti is a fraud."

Cannick asks why the government didn't take at face value their witness #6ix9ine's view that Shotti was a liar.   Says of course Mel Murda told Cruz whatever he wanted- he needed Cruz' drugs and money. More here.

Reference was made to the Black Disciples. Many are wondering: where will 6ix9ine go after this?

For now, more on Patreon here.

SDNY Makes Sex Traffick Deal With Darby An Hour Before Jeffrey Epstein Bail Decision

By Matthew Russell Lee, Patreon, thread

SDNY COURTHOUSE, July 18 – One hour before the bail decision on child sex trafficking defendant Jeffrey Epstein by U.S. District Court for the Southern District of New York Judge Richard M. Berman, more quietly the SDNY prosecutors cut a cooperation agreement with another child sex trafficking Anthony Darby.

   Inner City Press had gone to the SDNY courtroom of Judge Paul Engelmayer to cover another matter. But inside the courtroom ashackled man was pleading guilty. The courtroom deputy came over to say this was not the case Inner City Press had come to cover. But Inner City Press stayed to cover it. Soon Assistant US Attorney Wolf requested a sidebar with Judge Engelmayer. 

  The reason quickly became clear. Darby was pleading guilty to 14 counts, sex trafficking of minor and conspiracy, in exchange for cooperation he would get a 5K1.1 letter - in April 2020. Judge Engelmayer to his credit, unlike at least two other SDNY Judges, did not lawlessly order the Press to leave. And for that reason for now Inner City Press is reporting only these bare bones facts: that amid criticismof the Jeffrey Epstein non prosecution agreement, this Darby deal is taking place in the SDNY. Is it a good deal? We'll have more on this.

That Jeffrey Epstein, now in the Metropolitan Correctional Center by Foley Square, will be denied bail now on July 18 at 11:30 am is widely predicted. But on July 16 SDNY Judge Kevin N. Fox freed on bail a heroin defendant to Oklahoma and a telemarketing frauddefendant whose father lives in Costa Rica, of which the bailee is a national. See Inner City Press story here.

 On July 17, after Judge Berman moved the time for his decision from 9:30 to 11:30 am the next day, Assistant US Attorney Alison Moe wrote to him: "The Government respectfully submits this letter to briefly respond to one aspect of the defendant’s July 16, 2019 letter (ECF No. 24), and to provide the Court with additional information regarding the defendant’s foreign passport. The defendant’s July 16, 2019 letter asserts: “[A]s for the Austrian passport the government trumpets, it expired 32 years ago. And the government offers nothing to suggest—and certainly no evidence—that Epstein ever used it.” (ECF No. 24 at 7). In fact, the passport contains numerous ingress and egress stamps, including stamps that reflect use of the passport to enter France, Spain, the United Kingdom, and Saudi Arabia in the 1980s. The Government further notes that the defendant’s submission does not address how the defendant obtained the foreign passport and, more concerning, the defendant has still not disclosed to the Court whether he is a citizen or legal permanent resident of a country other than the United States." Watch this site.

On July 15 SDNY Judge Richard M. Berman asked five questions after saying he won't rule until July 18 at 9:30 am in his courtroom. Inner City Press thread on Twitter here. More on Patreon, here.

 On July 16 on the issue of the passport the US wrote to Judge Berman that "During the Detention Hearing, the Government informed the Court that it had recently learned that law enforcement agents had seized what appears to be an expired foreign passport (the “Foreign Passport”) from a safe in the defendant’s Manhattan residence during the execution of a search warrant on or about July 6, 2019. The Foreign Passport has a photograph that appears to depict the defendant, but lists a different name. Photographs of that passport are annexed hereto as Exhibit B. In the same safe, agents discovered what appears to be an expired United States passport issued to the defendant, in his true name, within three years of the date on the Foreign Passport. A photograph of that United States passport is annexed hereto as Exhibit C, so that the Court may compare the passports, both of which appear to depict the defendant. Because Exhibits B and C contain personally identifiable information and sensitive information relevant to the ongoing investigation, the Government respectfully requests that Exhibits B and C be filed under seal.  The Government is attempting to obtain additional information about the Foreign Passport, including how it was obtained and whether the passport is genuine or fabricated. But the defendant’s possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other, foreign identities. This adds to the serious risk of flight posed by the defendant. FN:  The Government has asked defense counsel to advise whether the defendant is currently, or has been in the past, a citizen or legal permanent resident of a country other than the United States. To date, defense counsel has declined to respond. Certainly if the defendant is, or has been, a citizen or permanent resident of another country, that would add significantly to the overwhelming evidence of risk of flight."

 As to Epstein's allegedly claiming to be a Saudi resident, it is worth noting as Inner City Press tweeted that Epstein funded the expansion of a UN-centric NGO into Bahrain,here.

  Epstein's lawyer Martin Weinberg said among other things that Epstein is not an out of control rapist, and offered to post $100 million bail.

 In response to Judge Berman's question on who in the Department of Justice signed off on the non prosecution agreement, Weinberg cited the current Under Secretary of Treasury, who is Sigal P. Mandelker, and also Mark Filip.

  Assistant US Attorney Alex Rossmiller said they have found a passport from a foreign country, with Epstein's photo in it but another name, listing him as a resident of Saudi Arabia. Judge Berman asked for a sample of what was found in Epstein's East 71st Street mansion - and asked for any further written filings by July 16 at 5 pm. He will rule, drum-roll, on July 18 at 9:30 am in his courtroom (which on July 15 was called too full for Inner City Press.) More on Patreon, here. Watch this site.

  As Inner City Press has reported from the Magistrates Court of the SDNY this year, at least two accused pedophiles have been released on bond, with conditions. 

One, Donnie Fetters, was bailed by Magistrate Judge Ona T. Wang on May 10 and allowed to fly back to Iowa from whence he came to Laguardia to meet an underage girl, or what he thought was an underage girl. See the Inner City Press, the only media that day in the Magistrate Court, story here. Fetters remains free; most recently his appearance before SDNY Judge Victor Marrero was waived. This case is now US v. Fetters, 19-cr-387 (VM).

On May 30 SDNY Magistrate Judge James L. Cott granted bond to Bryan Pivnick, accused of grooming an 11 year old boy, see Inner City Press story here: now Pivnick is asking for greater access to the Internet in New Jersey, ostensibly to pay his student loans. This case is now US v. Pivnick, 19-cr-00464 (PKC). More on Patreon, here.

Certainly, conspiracy to commit sex trafficking charges are different. But these two recent bailings, and the SDNY's continuing usually ignored proceedings, merit reporting, which Inner City Press will continue to do, perched as for months over the PACER terminal in the 500 Pearl Street press room, if it is available, as it continues its "Murky Mag Court" series.  

Back on March 6 when the question of releasing or at least reviewing sealed Jeffrey Epstein documents was taken up by the U.S. Court of Appeals for the Second Circuit, Inner City Press story here, Alan Dershowitz was there. Afterward by the elevators in 40 Foley Square Inner City Press asked Dershowitz, what he'd thought of Judge Sweet's decision. He began to say, Judge Sweet made a mistake - when first his lawyer gestured that they should go, and then the clerk of court asked everyone to leave the floor. 

 Now it's reported not only that on July 8 Epstein will be presented and indicted on sex trafficking charges but also that a search warrant was executed on Epstein's Manhattan mansion at 8 East 71st Street on July 6. Epstein is in the Metropolitan Correctional Center, photo here, along with among others convicted UN briber, Antonio Guterres linked, Patrick Ho of CEFC.

  Cursory research revealed not only Epstein as a member of the Council on Foreign Relations, but bragging about his financial support to CFR, through the Jeffrey Epstein VI Foundation. Photo here. What will CFR say? Will they belatedly be returning the money?

While some call it a pink hued building on a dead end street, his mansion is at 9 East 71st Street - one block, it turns out, from the Qatar royal family mansion which has hosted human trafficking covered up in the SDNY, see Inner City Press here, and below.

The July 8 presentment will presumably be in Courtroom 5A of 500 Pearl Street, or perhaps a larger room to accommodate the interest. In Courtroom 5A as the July 1-3 work week ended Inner City Press alone in the gallery observed Magistrate Judge Barbara Moses signed sealed indictments and warrants, even with what some called sleight of hand of saying there would be no action until 8 pm then, when Inner City Press ran to the PACER terminal in the press room, ending the day's business at 7:45 pm with no press present. Expect on July 7 another Geoffrey Berman press conference as well -- Inner City Press will be there.

  The rights or lack of rights of victims have been highlighted for some in this case - but the violation of rights of less prominent people has been happening every day, from before March until now in the SDNY including its murky Magistrates Court. Inner City Press was in the 2d Circuit in March and will be in the SDNY July 8, based from a PACER terminal, documenting the disparities. Watch this site.

Back in March all of the parties - the Miami Herald's Julie Brown, Mike Cernovich, Alan Dershowitz and even Virginia Giuffre -- were pushing for the unsealing of the documents, except Ghislaine Maxwell.  Her lawyer Ty Gee argued that people had relied on the commitment to seal the information. He ended by saying the U.S. judicial system is not about democracy. 

But by then the panel of Judges of Cabranes, Pooler and Droney had made it pretty clear they will be remanding the case and the 167 documents back to the U.S. District Court for the Southern District of New York. The only question seems to be whether Judge Sweet, who initially agreed to seal them, will get the case on remand or if another judge will. 

. He challenged Giuffre to sue him, and of Judge Cassel was highly critical, a term of art. 

Another term of art: slut-shamer, a term applied during the argument to Mike Cernovich but one that the judges mocked, with Judge Pooler asking if there was a "slut-shaming cabal." The wider point was that there is in the United States no system for certifying journalists, that as the Ninth Circuit case Opsidium v Cox has it, journalist is something you do, not something you are. 

All citizens - and non citizens, as in the case of Argentines seeking information about their country's debt revealed in a U.S. case - have a right to information, a right that predated the Constitution.  The judges reserved judgement. Inner City Press will continue to cover this and other SDNY and 2nd Circuit cases - watch this site.

The Qatar ruling family's abuse of employees and laws was exposed in an off the record initial conference at in the U.S. District Court for the Southern District of New York on February 14; Inner City Press was the only media present. 

Inner City Press wrote an exclusive story that day, February 14, then more in the following few days as more sources contacted us. Now it has learned that the UK's Daily Mail days later on February 21 false claimed an exclusive on the story, here. 

On June 1 Inner City Press reported that the Qatari royals' lawyers were on the cusp of succeeding in burying the case in mediation by JAMS. A low-ball settlement - except for attorneys fees -- was submitted to SDNY Judge J. Paul Oetken on June 1. The total is $150,000, fully half being attorneys' fees; it is signed by the royals without any admission.

 And now on June 10, this: "ORDER: The proposed settlement at Docket Number 36-1 is approved, and the case is hereby DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction solely to resolve any disputes arising from the settlement agreement and the settlement of this action. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/10/2019) (jca)."  So the issue of human trafficking has been buried, for money, in the SDNY.

Tellingly, the cover letter stated that "Defendants – who are members of the royal family of Qatar – noted that if they received certification from the State Department, they would potentially be considered diplomats entitled to full immunity, resulting in immediate dismissal of the litigation for lack of subject matter jurisdiction." So the Qatar royalsused the threat of support from the U.S. State Department to cover up human trafficking. We'll have more on this - and there is more on Patreon, here.