FinCEN
Leaker Edwards Wants Removals
From Docket, Inner City Press
Asks for Unsealing
By Matthew
Russell Lee, Video
Patreon
Order
SDNY COURTHOUSE,
June 17 –
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.
On June 3,
2021, Edwards was sentenced at
the top of the guidelines,
which Judge Woods said
understated the gravity of the
offense - to six months,
beginning in August. Thread here
and below.
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.
After the
sentencing, Edwards counsel
asked to have two documents
removed from the docket, after
having gotten letters
submitted by Edwards sealed.
So Inner City Press has filed,
here on DocumentCloud here,
now in the docket and on
CourtListener here:
"I write for a
second time pursuant to your
June 6, 2021 order and in
supplemental support of the
July 21, 2021 application for
press and public access to
submissions to this Court by
defendant Natalie Mayflower
Sours Edwards, that triggered
a judicial conference.
Those submissions, which the
US references in its filing of
today's date, were also
referred to by the defendant
at sentencing. While not
entirely clear, she appeared
to thank the Court not only
for considering but also
acting on her submission. That
would seem to make them
judicial documents - and the
decision to the contrary
should be reconsidered in
light of what was said at
sentencing. The US
Attorney's Office which stood
by as those submissions were
sealed now refers to them as
relevant background to its
filed of MSPB documents it
does not want sealed. Both
sets of documents should be
public: the MSPB filing
already in the public docket,
and the defendant's submission
which remain, for now,
sealed. Tellingly, the
defendant wants both sets of
documents withheld from the
press and public; the US wants
what it made public to remain
so, but is indifferent to the
sealing of defendant's
submissions it already saw.
The Press wants both sets of
documents made part of the
record. See US v. Gerena, 869
F.2d 82 (2d Cir. 1989)
For consistency, and to
provide transparency into what
the defendant was thanking the
Court for during her
sentencing, all of the records
should be made public and part
of the docket." Watch this
site.
Back on
August 4, 2020, 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.
Here is
Inner City Press' live thread
of the June 3 in-person
sentencing, here:
Edwards' lawyer
says she raised $1.2 million
for a curriculum about
"American Indians in
Virginia." Says parents got
threatening call.
Judge Woods
says he's opening AT&T
line. But "host passcode not
recognized." Edwards speaking
with her lawyer by phone as
well. #CourtsDuringCOVID
Edwards
wants to speak after the US
Attorney's Office. Judge Woods
says he'll allow US to rebut.
AUSA says Edwards
leaked not only about Mueller
probe but also about
#Hezbollah. Says the word
"podcast" with scorn.
AUSA repeatedly
calls Edwards
"self-centered.":Says she was
paid $160,000 a year. Wants
jail time.
AUSA is
laying it on thick: "The
criminal she was looking for
was herself." Adds that she
ran searches she didn't even
think up herself.
Inner City Press can't help
comparing this to Schulte
& CIA #vault7
AUSA says
leaker John C. Fry was
targeted, Edwards was just
trying to get a lawsuit
settlement. Here in the
courtroom, Edwards picks up
phone to talk with her lawyer
Now Edwards: I'm
an indigenous matriarch. Our
tribe was recognized in the
1980s. The clan mothers can
impeach the chief.
Edwards: Thank
you, your Honor, for your
action on my letter to
you. [That's the letter
still being withheld despite
Inner City Press filings]
Edwards says her
rights were violated by
posting of her Individual
Right of Action letter. Then
says she apologizes for the
information disclosed to
public. [While
wothholding her own letter to
the Court]
AUSA in
rebuttal calls Edwards a
liar. [I'm waiting to
hear, Pants on fire.
Sur-rebuttal?]
Judge Woods: The
sentencing guidelines range is
0 to 6 months. I intend to
sentence Doctor Sours Edwards
to six months incarceration.
#breaking
Judge
Woods, after announcing the
prison sentence of 6 months,
is running through his
reasoning. Cites leak of
Hezbollah, says it's ironic
someone who joined US
government after 9/11/01 would
leak / help Hezbollah
Judge Woods
says Edwards took steroids,
quoting pre-sentencing report
that's sealed. He says
specific deterrence not
needed: she'll never be
entrusted with classified info
again. This is about general
deterrence.
Judge Woods
agrees with US that the
guidelines understate the
magnitude of the offence. He
asks Edwards to rise, and
says: six months then
supervised release with search
condition.
Judge Woods says
Edwards' husband has a
furearm, but that she should
not have one. Edwards'
lawyer asks about surrender
date, wants near tesidence, 60
days for therapy, US: No
objection. Judge: Surrender
Aug 2.
Waiting by
elevator outside Courtroom 12C
to ask Edwatds about
still-sealed letters...
They emerged.
Inner City Press asked Edwards
about the sealed letters, will
they now be unsealed. Defense
lawyer said she doesn't know.
But it was her request to
seal. That Inner City Press,
but not US Attorney's Office,
opposed. And opposes.
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)."
Then on January
8, this: "Re: United States v.
Natalie Mayflower Sours
Edwards, 19-cr-00064 (GHW)
Dear Judge Woods: After
conferring with the
government, I write in
response to the Court’s order
filed January 7, 2021, to
suggest mutually agreeable
dates for Dr. Edwards’
sentencing. The parties
propose that sentencing occur
on March 24, 25 or 26, 2021,
or any day the week of March
29, 2021. Dr. Edwards wants to
be sentenced in person, and it
appears more likely that two
months from now travel
restrictions, including
quarantine requirements, will
be relaxed. Depending on the
speed with which vaccinations
become available to the
general public, it is also
possible that Dr. Edwards and
I will have been vaccinated,
which would permit us to meet
in person to discuss her
sentencing, which has not been
feasible to date. Respectfully
submitted, Stephanie
Carvlin."
And on
January 11, this: "MEMO
ENDORSEMENT as to Natalie
Mayflower Sours Edwards (1)
granting [94] LETTER MOTION
addressed to Judge Gregory H.
Woods from Stephanie Carvlin
dated 1/8/2021 re: to set a
new sentencing date.
ENDORSEMENT: Application
granted. The sentencing is
adjourned to April 2, 2021."
And on February
17, this: "ORDER as to Natalie
Mayflower Sours Edwards: It is
hereby ORDERED that the
sentencing hearing currently
scheduled for April 2, 2021 is
adjourned to May 20, 2021."
And now on May
10, this: "ORDER as to Natalie
Mayflower Sours Edwards: It is
hereby ORDERED that the
sentencing hearing currently
scheduled for May 20, 2021 is
adjourned to June 3, 2021 at
12:00 p.m. in Courtroom 12C,
Daniel Patrick Moynihan United
States Courthouse, 500 Pearl
Street, New York, New York
10007. (Sentencing set for
6/3/2021 at 12:00 PM in
Courtroom 12C, 500 Pearl
Street, New York, NY 10007
before Judge Gregory H. Woods)
(Signed by Judge Gregory H.
Woods on 5/10/2021)." 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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