FinCEN
Leaker Edwards Gets Jan 19
Sentencing Not Nov 9 As Her
Letters Still Not Docketed
By Matthew
Russell Lee, Video
Patreon
Order
SDNY COURTHOUSE,
Nov 5 –
The U.S. Treasury employee
accused in October 2018 of
leaking Suspicious Activity
Reports about Paul Manafort
and others, Natalie Edwards,
pleaded guilty to one count on
January 13, 2020 before U.S.
District Court Southern
District of New York Judge
Gregory H. Woods.
Edwards
got a plea agreement for
between zero and six months
and a $9500 fine which her
lawyer afterward told Inner
City Press was a standard
fine. Video here;
live tweeted thread
of plea proceeding here.
More on Patreon here.
On August
4, Inner City Press filed its
second opposition to the
attempt to make Edwards'
submissions to SDNY Judge
Woods disappear as supposedly
not judicial documents.
On October
20, Judge Woods in a 12-page
order denied Inner City Press'
request (full order on
DocumentCould here)
and quoted below.
On October
29 Edwards' lawyer wrote in
again -- now seeking to move
the sentencing back from
November 9 to mid January: "It
is my position that even if
the Court were to find that
the CARES Act, the
Constitution and the Federal
Rules of Criminal Procedure
authorize a remote sentence
proceeding, Dr. Edwards has a
right to be physically present
in the Court for her
sentencing. Dr. Edwards does
want to be present in Court
with her family for her
sentencing.1 This poses an
impediment to having Dr.
Edwards’ sentence hearing take
place on November 9, 2020, as
now scheduled."
Many
sentencings, including in
person, have occurred in the
SDNY, including one briefing
postponed due to South
Carolina, before Judge
Engelmayer. (The sentencing
took place November 4 and
Inner City Press covered it here,
noted and quoted here
and here).
On November
5, Judge Woods granted the
postponement: "ORDER as to
Natalie Mayflower Sours
Edwards. A sentencing hearing
is scheduled in this matter on
January 19, 2021 at 9:30 a.m.
in Courtroom 12C...
(Signed by Judge Gregory H.
Woods on 11/5/20)(jw)." We'll
have more on all this.
On October 26 the
US filed its sentencing memo,
asking for six months in jail
and saying, among other
things, that "Reporter-1" at
BuzzFeed shared with Edwards a
still unpublished news
article. And the letters are
still being withheld? We'll
have more on this.
Back on
October 23, Edwards' new
lawyer filed a sentencing
memorandum that included
quotes from BuzzFeed's emails,
themes they "returned to more
than once when he sought
information from Dr. Edwards."
She was told, "Wyden was
livid." More than 2400 pages
of WhatsApp communication are
offered to the Court - but the
letters are withheld. This
makes no sense.
From Judge Wood's
October 20 order, now in a
different light: "Matthew Lee
of Inner City Press requested
access to the documents,
arguing that “the public and
the press have a presumptive
First Amendment and common law
right of Case
1:19-cr-00064-GHW Document 80
Filed 10/20/20 Page 7 of 12 8
access to criminal proceedings
and records.”1 July 21,
2020 Letter, Dkt. No. 60, at
1. The letter respectfully
disagreed with the Court’s
determination that “documents
that trigger a Federal
criminal case conference are
not judicial documents.” Id.
at 2. The letter also argued
that the public interest in
the documents was not small.
Id. On July 30, 2020, Dr.
Sours Edwards filed her
opposition to the request.
July 30, 2020 Letter, Dkt. No.
65. Mr. Lee submitted replies
on August 4, 2020 and August
5, 2020. August 4, 2020 and
August 5, 2020 Emails, Dkt.
Nos. 66 and 67... The Court
acknowledges that some may be
interested in seeing what a
defendant in the position of
Dr. Sours Edwards might choose
to say to the Court in such
straights. Especially because
her counsel advised that
whatever Dr. Sours Edwards
wrote was something that
should not be considered by
the Court. The prospect of a
cri de coeur written by a
criminal defendant without the
benefit of counsel may
represent an enticing
opportunity for an unfiltered
look inside of the defendant’s
mind. But evaluating the
fairness and integrity of the
Court’s proceedings and
decisions does not require
disclosure of the content of
those submissions. Nor, in the
Court’s view, considering all
of the circumstances, would it
be a fair result for the
defendant. Because Dr. Sours
Edwards’ pro se, ex parte
submissions are not judicial
documents, the application to
unseal them is DENIED. SO
ORDERED. Dated: October 20,
2020 GREGORY H. WOODS United
States District Judge." We'll
have more on this.
In this
context it may be useful to
consider a document signed
"May Edwards" which says she
has and has submitted
information on questions
including "Yemen (2015),"
Libya, Iran, China, Maria
Butina and the Clinton
Foundation, photo
1 here, 2
here.
And now, with
more and more coming out in
the FinCEN Files, the release
of these documents is more
important than ever. Still, on
October 15 Judge Woods gave
more time for even the
sentencing submission to be
not public, pending further
redaction: "Re: United States
v. Natalie Mayflower Sours
Edwards 19-cr-00064 (GHW) Dear
Judge Woods: I write to ask
that the Court extend my time
for filing a public version of
my sentencing submission until
October 23, 2020. The reason
for this request is that some
of the material that is cited
in the submission and the
accompanying exhibits is
covered by the Protective
Order and contains material
that is “restricted or
confidential” under the order
or is otherwise sensitive. The
parties need additional time
to determine what material may
be filed by ECF and what
material must be filed under
seal or in a redacted form.
This requires the government
to confer with other federal
agencies. The parties are
working to come to an
agreement on this issue and
anticipate being able to do so
by October 23. Since the
government and the Court
already have the full version
of the sentencing submission
and exhibits, granting this
request need not delay
sentencing. Respectfully
submitted. cc: AUSA Daniel
Richenthal AUSA Kimberly
Ravener
Application
granted. The deadline for
Defendant to file a public
version of her sentencing
submission is extended to
October 23, 2020."
On October 1 it was announced,
"MEMO ENDORSEMENT as to
Natalie Mayflower Sours
Edwards (1) granting [68]
LETTER MOTION addressed to
Judge Gregory H. Woods from
Stephanie Carvlin dated
9/29/2020 re: modify schedule
for sentencing submissions.
ENDORSEMENT: Application
granted. Sentencing in this
matter is adjourned to
November 9, 2020."
Inner City
Press entirely opposes the
disappearance of these
judicial documents, submitted
to SDNY Judge Gregory Woods.
And so on August 5, it
submitted this: "I write for a
second time pursuant to your
July 22, 2020 order and in
further support of the July 21
application for press and
public access to submissions
to this Court by defendant
Natalie Mayflower Sours
Edwards, that triggered a
judicial conference. They are
judicial documents, contrary
to the July 30 opposition
submitted by Edwards'
counsel. On August
4 Inner City and I emailed to
your Chambers our reply.
Twenty four hours later, it is
not docketed. So, first, this
is a formal request that our
responses to Edwards'
counsel's submission be
docketed as hers was, as
Docket No. 65.
Second, in further opposition
to the withdrawal /
disappearance of what Ms.
Edwards submitted to this
Court triggering the
conference(s), since for now
we cannot know of what it
consisted, consider that the
following is already in the
public record, citing Yemen,
China, Clinton, Iran:
here and here.
Furthermore,
even what is characterized as
attorney - client is of public
interest, including because
after having know to be well
compensated counsel from
Brafman & Associates, now
Ms. Edwards has taxpayer
funded CJA counsel. Was she
paying Brafman &
Associates? Or was someone
else paying? We
had hoped for docketing and
ruling on the judicial
documents issue without
getting into the specifics of
press interest, which as in
FOIA litigation should not be
inquired into by a court or
government agency." Watch this
site.
Watch this site.
***
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