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By Matthew Russell Lee,  Patreon, thread

SDNY COURTHOUSE, August 1 – When Roy Moore's defamation lawsuit against Sacha Baron Cohen arrived for a pre-motion conference on August 1 at 10 am before U.S. District Court for the Southern District of New York Judge Andrew L. Carter, things took longer than expected. At 10:30 am a shackled defendant named Luis Santiago was brought it but Judge Carter wasn't ready. He was seated in the back of the gallery where Inner City Press had been. His Federal Defender lawyer joked that the assembled media could not be there for a Violation of Supervised Release.

 Actually, Inner City Press was.

Luis Santiago is a registered sex offender who failed to register, traveled to Philadephia and used cocaine - as he indicted on August 1 through counsel he is prepared to admit to. The Federal Defenders have got a social worker on the case and it will resume on September 4 - after the August 22 deadline in the Roy Moore case to consent to a Magistrate Judge or go forward.

On August 1 Moore's lawyer Larry Klayman, previously of Judicial Watch, had yet to apply to be admitted to practice in the SDNY for the case, pro hac vice.    

The reason quickly came out. In a 1997 case before then District Judge Denny Chin, Klayman has asked Judge Chin about any contacts or connections with John Huang, a Democratic Party fundraiser Judicial Watch was then, well, Watching.   

It seems that when Judge Chin asked Klayman "You asked questions of the court, at least in part, because of my race?"  Klayman replied, "In part. And let me tell you why ... We are all human, and sometimes, sometimes subjective criteria can unwittingly, no matter how ethical, no matter how decent, no matter how honest someone is--and we believe you to be that--they can subjectively influence our decision-making. Honor has to search his own soul to a large extent."    

Judge Chin imposed a condition that Klayman, on any future pro hace vice application in the SDNY would have to disclose Judge Chin's order against him in that case, Macdraw, Inc v. The CIT Group Equip, et al., 91-cv-05153 (DC). There was no sunset clause on this mandate to disclose.    

Judge Carter on August 1 summoned each party's lawyers to his robing room, first together then one by one, ex parte. When they emerged a schedule was set. Klayman's pro hac vice application is due on August 8, and then on August 22 the status of the case, including if the party's consent to referral to an SDNY Magistrate Judge.   

Inner City Press afterward in the hall outside Judge Carter's courtroom asked Klayman if he or his client are amenable to referral to a Magistrate. Klayman told Inner City Press that he found Judge Carter to be fair, emphasizing that was on the record, he would like it reported.   

When Inner City Press asked about a separate disciplinary action pending in the District of Columbia Klayman said it was a complaint by a dissatisfied client who sued Voice of America and said he had gotten Gloria Alred, who was at the SDNY this week speaking to the press about Jeffrey Epstein, to express support for him.     Klayman's Law Group, with an American flag on the business card he gave to Inner City Press, has offices in Washington and Florida. Whether the long ago interchange with Judge Chin will or should have an impact on this case in the SDNY in 2019 in a question for another day. August 8, to be precise. This case is Moore et al. v. Cohen et al., 19-cv-4977 (Carter).

   As Inner City Press exclusively reported on July 31, Jeffrey Epstein is being allowed to use all day, every day one of the only two legal visit rooms for prisons in the Special Housing Unit of the Metropolitan Correctional Center, other defense lawyers have exclusively complained to Inner City Press.

   Epstein has shifts of lawyers purporting to meet with him all day, in a room where the other Criminal Justice Act lawyers say Epstein has access to the Internet. The CJA lawyers have had to wait up to four hours to see their clients.

  "It's outrageous," one of the lawyers told Inner City Press. "El Chapo is the only other one who tried this, but he was in a special unit so it didn't impact the rest of us." More on Patreon here.

  Other child sex defendants have conditions that they cannot use the Internet. But with Epstein paying lawyers to meet with him all day in the MCC, he can use the 'Net. Judge Richard M. Berman of the U.S. District Court for the Southern District of New York seems unaware of this abuse; the MCC Legal Department has yet to act.

  The CJA lawyers suggest to Inner City Press that a time limit be put on Epstein's legal consultations to stop inconveniencing others. Inner City Press asks, should an Internet and phone ban also be imposed?

At a July 31 status conference his neck did not come up, only the scheduling of discovery and motions and a tentative trial date: June 8, 2020 at 9 am.

 Judge Berman has asked the two sides to agree on timing and they mostly did - except that Epstein's lawyers prefer a September 2020 trial date. The government said there is a public interest in moving more quickly and that agreeing to June was already a compromise for them. So Berman penciled in June and excluded time under the Speedy Trial Act until them.

  The government said all discovery will be provided by October 31 except for some material from devices seized in New York being evaluated by the FBI. A first round of defense motions are due September 13, for oral argument on October 28 at 10 am.

 Substantive motions are due January 10 from the defense, February 10 from the government and replies February 24; oral argument on these will be on March 12. And then the June 8 trial.

  Epstein's lawyers in asking for September said they want to access if Epstein can exercise his Constitutional right to assistance in his defense while in the MCC. Many people do it. But Jeffrey Epstein... is Jeffrey Epstein, rather like UNSG Antonio Guterres is Antonio Guterres. Inner City Press will stay on this and other cases in the SDNY. Watch this site.

 Meanwhile the SDNY prosecutors more quietly cut a cooperation agreement with another child sex trafficking Anthony Darby.

   Inner City Press had gone to the SDNY courtroom of Judge Paul Engelmayer to cover another matter. But inside the courtroom a shackled man was pleading guilty. The courtroom deputy came over to say this was not the case Inner City Press had come to cover. But Inner City Press stayed to cover it. Soon Assistant US Attorney Wolf requested a sidebar with Judge Engelmayer.

  The reason quickly became clear. Darby was pleading guilty to 14 counts, sex trafficking of minor and conspiracy, in exchange for cooperation he would get a 5K1.1 letter - in April 2020. Judge Engelmayer to his credit, unlike at least two other SDNY Judges, did not lawlessly order the Press to leave. And for that reason for now Inner City Press is reporting only these bare bones facts: that amid criticism of the Jeffrey Epstein non prosecution agreement, this Darby deal is taking place in the SDNY. Is it a good deal? We'll have more on this.

  That Jeffrey Epstein, now in the Metropolitan Correctional Center by Foley Square, would be denied bail on July 18 at 11:30 am was widely predicted. On July 17, after Judge Berman moved the time for his decision from 9:30 to 11:30 am the next day, Assistant US Attorney Alison Moe wrote to him: "The Government respectfully submits this letter to briefly respond to one aspect of the defendant’s July 16, 2019 letter (ECF No. 24), and to provide the Court with additional information regarding the defendant’s foreign passport. The defendant’s July 16, 2019 letter asserts: “[A]s for the Austrian passport the government trumpets, it expired 32 years ago. And the government offers nothing to suggest—and certainly no evidence—that Epstein ever used it.” (ECF No. 24 at 7). In fact, the passport contains numerous ingress and egress stamps, including stamps that reflect use of the passport to enter France, Spain, the United Kingdom, and Saudi Arabia in the 1980s. The Government further notes that the defendant’s submission does not address how the defendant obtained the foreign passport and, more concerning, the defendant has still not disclosed to the Court whether he is a citizen or legal permanent resident of a country other than the United States." Watch this site.

On July 15 SDNY Judge Richard M. Berman asked five questions after saying he won't rule until July 18 at 9:30 am in his courtroom. Inner City Press thread on Twitter here. More on Patreon, here.

 On July 16 on the issue of the passport the US wrote to Judge Berman that "During the Detention Hearing, the Government informed the Court that it had recently learned that law enforcement agents had seized what appears to be an expired foreign passport (the “Foreign Passport”) from a safe in the defendant’s Manhattan residence during the execution of a search warrant on or about July 6, 2019. The Foreign Passport has a photograph that appears to depict the defendant, but lists a different name. Photographs of that passport are annexed hereto as Exhibit B. In the same safe, agents discovered what appears to be an expired United States passport issued to the defendant, in his true name, within three years of the date on the Foreign Passport. A photograph of that United States passport is annexed hereto as Exhibit C, so that the Court may compare the passports, both of which appear to depict the defendant. Because Exhibits B and C contain personally identifiable information and sensitive information relevant to the ongoing investigation, the Government respectfully requests that Exhibits B and C be filed under seal.  The Government is attempting to obtain additional information about the Foreign Passport, including how it was obtained and whether the passport is genuine or fabricated. But the defendant’s possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other, foreign identities. This adds to the serious risk of flight posed by the defendant. FN:  The Government has asked defense counsel to advise whether the defendant is currently, or has been in the past, a citizen or legal permanent resident of a country other than the United States. To date, defense counsel has declined to respond. Certainly if the defendant is, or has been, a citizen or permanent resident of another country, that would add significantly to the overwhelming evidence of risk of flight."

 As to Epstein's allegedly claiming to be a Saudi resident, it is worth noting as Inner City Press tweeted that Epstein funded the expansion of a UN-centric NGO into Bahrain, here.

  Epstein's lawyer Martin Weinberg said among other things that Epstein is not an out of control rapist, and offered to post $100 million bail.

 In response to Judge Berman's question on who in the Department of Justice signed off on the non prosecution agreement, Weinberg cited the current Under Secretary of Treasury, who is Sigal P. Mandelker, and also Mark Filip.

  Assistant US Attorney Alex Rossmiller said they have found a passport from a foreign country, with Epstein's photo in it but another name, listing him as a resident of Saudi Arabia. Judge Berman asked for a sample of what was found in Epstein's East 71st Street mansion - and asked for any further written filings by July 16 at 5 pm. He will rule, drum-roll, on July 18 at 9:30 am in his courtroom (which on July 15 was called too full for Inner City Press.) More on Patreon, here. Watch this site.

Back on March 6 when the question of releasing or at least reviewing sealed Jeffrey Epstein documents was taken up by the U.S. Court of Appeals for the Second Circuit, Inner City Press story here, Alan Dershowitz was there. Afterward by the elevators in 40 Foley Square Inner City Press asked Dershowitz, what he'd thought of Judge Sweet's decision. He began to say, Judge Sweet made a mistake - when first his lawyer gestured that they should go, and then the clerk of court asked everyone to leave the floor.

Inner City Press will continue to cover this and other SDNY and 2nd Circuit cases - watch this site, and there is more on Patreon, here.