On Sale of Early Access to Truth Social Posts SDNY Judge Listens Amid Local Press Access Tests

SDNY COURTHOUSE, Oct 7 –  A lawsuit against selling early access to posts on Truth Social was heard on October 7 by U.S. District Court for the Southern District of New York Judge J. Paul Oetken. Inner City Press, pushing for media access and freedom in SDNY, EDNY and the Second Circuit, live tweeted here:

All rise!
Judge Oekten: We are here on motion for a preliminary injunction.
Plaintiffs' counsel: The President is charging $1.2 million a year. Plaintiffs are prejudiced by getting info later than others-
Judge Oetken: Truth API is only 50 miliseconds faster, no?

Plaintiffs' lawyer: You could use Google News Alerts, it might take 10 to 15 minutes or an hour. You could rely on a web scraper.
Judge Oetken: If I'm on X I can get the Truth Social posts from one of these bots, right?
Plaintiffs' lawyer: The API pushes it out

Plaintiffs' lawyer: You can only get the push things if you register with Truth Social. When they issued this API, they said they are going to crack down on scraping and maintaining archives violates their terms of service. That has an adverse impact on reporters

Judge Oetken: In terms of standing, does it apply not only to the delay, but also to the archive?
Plaintiffs' lawyer: Both. He will post things and take them down, only the APIs will know.
Judge Oetken: Wouldn't a scraper catch that?

[Note: There are more than ten plaintiffs' lawyers here, some of whom have been asked to help on appealing a September 3 order maintaining total sealing of case(s) in EDNY: - so far, no cigar. Inner City Press filed its own Notice of Appeal.

Plaintiffs' speaking lawyer is David A. Schulz, Yale Law School, Media Freedom & Info Access Clinic
In the docket, there are nine others...]

Judge Oetken: You're asking me to enjoin the President from posting on Truth Social as long as it uses a API.
Plaintiffs' lawyer: We are asking the court to make him follow the law.

Defense: If the President gave an interview to the New York Times and to read it I had to buy it, I couldn't sue saying he made me support the Times. Here, the equities require denial of this motion. A story coming out a bit later is not irreparable harm

Yale's Schulz: There is state action. They keep saying, think about where we are going if this is enjoined. But think about this: the world is totally open to corruption. That can't be the world we live in.
Judge: I reserve decision. You'll hear through ECF

The case is The Intercept Media, Inc. et al v. Trump et al., 1:26-cv-6867 (Oetken)

  

More on X for Subscribers here and Substack here

For Sue Mi Terry FARA Trial Spy Rhetoric Banned with EDNY Linda Sun Ruling Cited

For Sue Mi Terry FARA Trial Spy Rhetoric Banned with EDNY Linda Sun Ruling Cited by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Oct 7 – Sue Mi Terry was on the US National Security Council. Now she has been indicted for violating the Foreign Agent Registration Act for South Korea, in exchange for $37,000 and luxury handbags, among other gifts.   Her handler worked at the South Korea Mission to the United Nations, which Inner City Press has also covered, along with the U.S. District Court for the Southern District of New York.   Terry has been released on $500,000 bond co-signed by her husband, columnist Max Boot. On July 22, the US Attorney's Office filed notice that it intends to use Foreign Intelligence Surveillance Act information as to her. Notice on Patreon here. Both sides predict classified litigation in the case. On November 6, the US Attorney's Office wrote in to says that "after conferring with the FBI, the Government anticipates that it will be able to produce the defendant's iCloud account in discovery on or before December 27." On February 26 Sue Mi Terry moved to dismiss, including on the grounds that the FBI agents never Mirandized her, after they marched her to a hotel and made her conduct her Zoom meeting in front of them. On April 25 the US Attorney's Office filed a short notice that it "made a classified, ex parte submission to the Court under CIPA" - the kind of filing Inner City Press just got unsealed in US v Eric Adams, here. Will this one be sua sponte unsealed? [No] On February 18 Judge Schofield denied the motion, and deferring some of it: "Defendant argues that criminal enforcement of FARA is unconstitutional both facially and as applied to the facts of this case. Specifically, Defendant argues that, for purposes of criminal enforcement, the statute is void for vagueness in violation of the Fifth Amendment’s due process guarantee. Defendant’s facial challenge fails; she cannot bring a facial challenge because the statute clearly applies to her own conduct as alleged in the Indictment. The facial challenge also fails on the merits. Defendant’s as-applied challenge is deferred pending factual development at trial and renewal of the motion" - full decision on Patreon here On February 19 Judge Schofield ordered the parties to come in on March 10 "to discuss the schedule for trial in this action." On August 4, with the trial set for October 27, the US Attorney's Office wrote in asking Judge Schofield to order Terry to disclose by September 1 any affirmative defenses including any purported exemptions to FARA. On August 11 Terry's lawyer said early disclosure is not required, and in any event would have to come after Government disclosure. On August 20, Judge Schofield denied Terry's motion to suppress: "OPINION & ORDER as to Sue Mi Terry. Defendant's motion to suppress is DENIED. The parties shall maintain the exhibits submitted in connection with this motion for purposes of any appellate review. (Signed by Judge Lorna G. Schofield on 8/20/2026)" - full 16 page order on Patreon here On October 7 Judge Schofield ruled on motions in limine, including Terry's "motion to: (1) prohibit the Government from using espionage rhetoric is in large part GRANTED under Rules 401 and 403, except that -- after opening statements -- the Government may elicit testimony that uses any term that Defendant herself used unprompted by the Federal Bureau of Investigation (“FBI”) agents who interviewed her, and only then by giving notice and obtaining Court approval at least two trial days in advance of eliciting such testimony. There is little or no probative value to labeling Defendant as a “source,” National Intelligence Service (“NIS”) officials as “handlers,” intelligence officers’ use of a diplomatic title as “diplomatic cover” or their networking efforts as “recruiting.” Such language, invoking “espionage or spying[,] would be inflammatory and unfairly prejudicial.” See United States v. Sun, No. 24 Crim. 346 (E.D.N.Y. Nov. 3, 2025), Dkt. No. 238 ¶ 22" - full 8-page ruling on Patreon here. The case is USA v. Terry, 1:24-cr-427 (Schofield). *** 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 500 Pearl Street, NY NY 10007 USA Mail: Box 130222, Chinatown Station, NY NY 10013 Reporter's mobile (and weekends): 718-716-3540 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2024 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com

Sean Combs Was Sued for Assault at White Party Now Sher Tremonte Motion Extended to Companies

Sean Combs Was Sued for Assault at White Party Now Sher Tremonte Motion Extended to Companies by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Oct 7 – At 4:30 pm on September 16 Inner City Press was told by its SDNY source to expect "the big one" - Sean Combs - the next day in the courtroom here. At US Attorney Damian Williams' press conference Inner City Press asked if his office would be seeking detention - Yes, he said. Detention memo on Patreon here. In the run-up to the 2:30 pm hearing Combs' counsel file a bail proposal, with $50 million bond - filing on Patreon here. [Inner City Press published book / audio book Diddy Do It? on Sept 20 on Amazon here] On September 30, Combs' lawyers filed a notice of appeal of detention to the 2d Circuit. On October 10, Inner City Press live tweeted - trial was set for May 5, 2025 and Judge Subramanian told the parties to draft an order against leaks. Thread here. On mid October a slew of cases were filed in SDNY by the Tony Buzbee Firm, including one by a John Doe for sexual assault at a Combs "white party" in 1998. On October 16, 2024like some of the judges to which the cases have been assigned, Judge Jennifer L. Rochon asked for a memo on why the case should proceeding anonymously.  The Buzbee firm filed the memo, including that if ordered, the firm would disclose the plaintiff's name to Combs' counsel. And to Combs? Memo on Patreon here. More on X for Subscribers here & Substack here Jump cut two years to October 7, 2026. With Combs convicted and serving his 50 month sentence, his civil suit lawyers have moved to withdraw, citing lack of communication and lack of pay, and now extended the motion to drop the Company Defendants:  "MEMO ENDORSEMENT granting [82] Motion to Withdraw as Attorney. ENDORSEMENT: Request GRANTED. The Court will apply the Motion to Withdraw, Dkt. 82, to Sher Tremonte's representation of the Company Defendants as well. Counsel shall serve all Defendants with notice of this order forthwith. SO ORDERED. Attorney Michael Tremonte; Erica Ashley Wolff; Mark Elliot Cuccaro and Raphael Asher Friedman terminated. (Signed by Judge Jennifer L. Rochon on 10/7/2026) The criminal case is USA v. Combs, 1:24-cr-542 (Subramanian). This case is John Doe v. Combs, et al., 24-cv-7778 (Rochon) *** 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 500 Pearl Street, NY NY 10007 USA Mail: Box 130222, Chinatown Station, NY NY 10013 Reporter's mobile (and weekends): 718-716-3540 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2024 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com