| NXIVM Clare Bronfman
Sentencing Restriction Opposed By Inner City
Press Amid COVID
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Sept 30 – In the NXIVM case,
Clare Bronfman is to be
sentenced today - hours after
it was announced that to cover
the proceeding one would have
to be in the Brooklyn
courthouse, or its cafeteria,
amid the COVID-19 pandemic and
restrictions.
Inner City Press
has written to the judge,
hours before the proceeding:
September 30,
2020
Hon. Nicholas G.
Garaufis Senior United States
District Judge U.S.
District Court, Eastern
District of New York 225
Cadman Plaza East, Room 1426 S
Brooklyn, New York 11215
Re: Press access
in USA v. Bronfman, et al.,
18-cr-204-3 (NGG-VMS)
Dear Judge
Garaufis: This is a Press
request that the Court's
sentencing of Clare Bronfman
in the above-captioned case be
made accessible to the public
and press by listen-only
telephone link, in the same
fashion as other proceedings
to which far less First
Amendment presumption of
public access attaches have
been, at least in the SDNY and
EDNY, during the ongoing
COVID-19 pandemic.
This
request is made on behalf of
Inner City Press, which has
reported on this case (see, this
and also e.g., this:
"Raniere to Be Sentenced Oct.
27," "Thanks to the good
offices of the Inner City
Press, some of the judge’s
comments are shared" ) and in
my own personal journalistic
capacity.
While the EDNY, like the SDNY,
has remained partially open
during the COVID-19 pandemic,
still restrictions on entry by
some remain (for example, for
those who have traveled to
other countries or particular
other US states in the past 14
days).
For that
reason, in the SDNY where I
daily report on cases on the
CourtCall, Skype and AT&T
platforms, even scheduling
conferences and civil cases
which have just begun to be
held in-person are still made
available to the press and
public via a listen-in
telephone
line. As the
Court clearly knows, there is
substantial public and press
interest in Ms. Bronfman's
sentencing and in other of its
cases. Inner City Press became
aware less than 12 hours ago
that there would be no
telephone or other virtual /
socially distanced access to
the proceeding, but rather
"Overflow Courtrooms: 2E North
and 2F North" and then "in the
cafeteria seating area on the
3rd floor of the
courthouse."
In the SDNY
courthouse at 500 Pearl
Street, the cafeteria has been
closed for months amid the
pandemic, while the courthouse
has been open, at least to the
press and court personnel,
every work day since March. By
contrast, the EDNY Brooklyn
courthouse was recently closed
to the public due to COVID-19
issues.
In this
context it seems clear that
listen-only telephone access
to Ms. Bronfman's sentencing
should be afforded, including
under the applicable
Constitutional case law on the
rights to the public and press
to access to court
proceedings, particularly
criminal and especially
sentencing proceedings.
See also, this
and this.
If there is any doubt about,
or opposition to, this
request, this is a request to
be heard (telephonically) by
the undersigned. This request
is made on a separate basis -
First Amendment presumption of
public and press access, in
the context of the COVID-19
pandemic - from the
defendant's families request
to participate made in Docket
No. 933. Reference is also
made to Chief Judge Mauskopf's
subsequent Administrative
Order 2020-24 of September 29,
2020. Please
act on, and docket, this
request, prior to the
sentencing. Respectfully
submitted, Matthew
Russell Lee Inner City Press
On
August 18 Judge Garaufis held
a proceeding with Bronfman's
lawyer and the US. Inner City
Press live tweeted it (as it
is requested to do with the
sentencing) --
From August 18:
Bronfman's lawyer: She did not
enter any guilty plea to any
RICO count. She is not
responsible for any
enterprise. RICO imputes mens
rea onto an actor even
for unintended results,
resulting in no fine tuned
analysis. The PSR treats her
like a RICO pleader. This is
not RICO--
Judge Nicholas G.
Garaufis: You don't need to
lecture the court about the
racketeering laws. I've been
at this job for 20 years. The
issue here is whether we need
a Fatico hearing. Don't
interrupt me. We're not going
there.
AUSA: We've
asked defense counsel what
portion of the pre-sentencing
report they object to and want
a hearing on. No answer. Just
arguments. Like that she
didn't provide financial
support to Raniere. That can
be proved with bank records.
Bronfman's
lawyer: The PSR said she
helped Jane Doe 3 to enter the
US. But that was in 2003. Ms.
Bronfman was in Europe doing
shows. She didn't spend one
dime to facilitate sex
trafficking. These are
material misrepresentations.
Bronfman's
lawyer: If the government will
agree she did not join a sex
cult, we can save a lot of
time. She did not plead guilty
to RICO. Only 2 counts.
Judge Garaufis: I
know what she pleaded to. This
is not new news.
Judge Garaufis:
Maybe she would withdraw her
guilty plea and go to trial on
this. But if she wants a
Fatico hearing, she will have
to be cross examined too. It's
not a criminal trial. It's by
the preponderance of evidence.
Judge
Garaufis: There is plenty of
evidence that alludes to that
Ms. Bronfman did not just
write checks and then go
riding her horse through
Europe. Who did she have? Ah,
Mister Avenatti. She said he
was her consultant.
Bronfman's
lawyer: We're ready for a
Fatico
Bronfman's
lawyer: I can't speak to what
previous counsel did. We are
looking at things fresh. We
are comfortable going to a
hearing on this. Judge
Garaufis: I will need to hear
from Ms. Bronfman, not her
mother or her sister or some
friend out in Fiji.
Bronfman's
lawyer: We will bring forward
witnesses. If we bring forward
claims about what Ms. Bronfman
was thinking -- Judge
Garaufis: She was writing
checks for hundreds of
thousands of dollars for this
enterprise. It took a year to
get the financial
records.
Judge Garaufis:
If anything slowed this down
it was not getting the
financial records. I'm not
done. I'll read everything you
submit. Maybe you'll working
things out with the
government, on the facts. But
I'm not going to be rushed. It
may not be on Sept 30.
Bronfman's
lawyer: I don't agree we
caused the delay.
Judge Garaufis:
You can put whatever you want
in your submission.
Bronfman's
lawyer: What are the dates?
Judge Garaufis:
Your reply Sept 21. Have a
nice day.
On August 14,
there was this on Raniere:
Judge: If you are
asking to meet your client in
the courthouse, I would have
to make a record as to why.
First you should reach out to
the warden, to see if a
meeting can be arranged in the
MDC. And advise the Court via
letter. You don't have to list
the date.
Judge: I'm trying
to arrange as much
confidentiality as I can in
this proceeding. Now, as to
sentencing submissions. Could
government file its by Aug 28?
Then the defendant's by Sept
17. I'll sent Oct 9 for
individuals' statement for the
defendant. Next, victims
Judge: Any
victims who wish to attend the
proceeding and/or make an
in-person statement could
submit to the court one week
before sentencing. It will be
under seal, with copies to the
defense. The victims should
not be the subject of
inquiries by the press
Judge:
We'll have to use several
courtrooms, including in the
old courthouse. I'll consult
with the District Executive..
Let's meet October 27 at 10 am
for sentencing.
Inner City
Press will continue to cover
this and other EDNY (and of
course SDNY) cases. This is US
v. Raniere, 18-cr-204
(EDNY).
***
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