FinCEN
Leaker Edwards Wanted It Both
Ways So Inner City Press Asks
to Unseal, Now Ruling
By Matthew
Russell Lee, Video
Patreon
Order
SDNY COURTHOUSE,
April 19 –
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 filed,
here on DocumentCloud here,
now in the docket and on
CourtListener here
and below.
On April
18, 2022 Judge Woods issued
two orders, one repeating that
Edwards letters were not
judicial documents, the other
denying her request to seal
other documents cited in the
sentencing. The difference
seems to be that it was
Edwards who cited her letters,
offering thanks, while the
others were expressly replied
on by the court. But must such
reliance be express? Some
surmise with all due respect a
non-judicial document loophole
to transparency that may need
a statutory solution. Still,
addressing the application /
issues is appreciated and
helps move the issue foward.
From Order 1:
"On June 14,
2021, Matthew Russell Lee of
Inner City Press wrote to the
Court requesting that the
Court disclose the Withdrawn
Documents (the 'Application.')
Mr Lee asserts that because
the defendant had thanked the
Court for something related to
the Withdrawn Document, the
Withdrawn Documents had become
judicial documents."
From Inner City
Press' filing: "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."
On Friday July
30, Edwards through counsel in
a heavily redacted letter
asked to delay her August 2
surrender to imprisonment. The
US has opposed - but also with
heavy redactions. Not without
sympathy but we must note:
this whole whistleblower cases
is ironically shielded in
secrecy.
Now on August 2
Judge Woods to his credit has
ordered: "MEMO ENDORSEMENT
granting in part [106] LETTER
MOTION addressed to Judge
Gregory H. Woods from
Stephanie Carvlin dated
7/30/2021 re: postpone
surrender date. ENDORSEMENT:
Application granted in part.
The defendant's surrender date
is adjourned to September 3,
2021. The defendant should not
expect further extensions. The
defendant is directed to
submit any response to the
application dated June 2,
2021, Dkt. No. 102, no later
than August 15, 2021."
Docket 102 is
Inner City Press' June 14,
2021 request to unseal. 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
The case is US v. Edwards, 19-cr-64
(Woods).
Watch this site.
***
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