After
SDNY Courtroom Sealed To Press
And AUSA Comey Silence Bronx
Process of Elimination
By Matthew
Russell Lee, Exclusive,
Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Oct 25 – There was a Federal
criminal proceeding publicly
listed on PACER at 2:30 pm on
October 25 in the courtroom of
Judge Denise L. Cote of the
U.S. District Court for the
Southern District of New York.
Inner City Press
went to cover it - and was
immediately told to leave the
courtroom. Then the door was
locked.
When US Assistant US Attorneys
Maurene Comey and Christopher
Clore exited some 20 minutes
later, Inner City Press asked
them if they knew the basis
for excluding the Press. Ms.
Comey shook her head.
Now
some seven hours later Inner
City Press can report: Maurene
Comey has only four cases
before Judge Cote. On only one
of the four is Christopher
Clore her co-chair AUSA: the
20 defendant Bronx MacBallas
case named from the initial
and lead defendant, US v.
Xavier Holman, 18-cr-41
(Cote).
But Holman
was already sentenced to 120
months. Keenan McFarland and
Sean Jones also got 120
months. Navone Dozier got 84
month. Jafari Jones and
Francisco Torres also got 84
months; Austin Morrishow got
60 months, described in a
sentencing submission as "one
of the gang's
'shooters.'" So who's
left?
Not listed
as "closed" are Bo Williams,
20 of 20, Deonte Morrison 15,
Nathaniel Fludd 7 and
Toshnelle Foster 2, who while
not sentenced has a sentencing
date in November.
Of these,
only Bo Williams does not have
an appearance by defense
lawyer, although Inner City
Press on October 25 observed
who his lawyer is.
Virtually
every filing
in
18-cr-41-DLC-20
from May
through
September 2019
is listed as
"Sealed
Document."
As
Inner City Press has explained
to judges, executive and
prosecutors, it has full
respect for any legitimate
sealing and / or safety
concern. But to simply order
the Press out of a Federal
courtroom without given a
reason does not comply with
the letter or spirit not only
of case law but of the
principles behind it. More on
Patreon, here.
And the US
Attorney's Office, so
solicitous to some, has not
even responded to Press
requests they put online their
exhibits in US v. Michael
Jones, for example, a case
where they seek 20 years
against an emo rapper with bad
luck with heroin, while
allowing another in suburban
Rockland County off on 27
months for the same conduct.
Watch this site.
Inner City Press had, as it
exited as ordered without
asking any questions in order
not to be disruptive (or have
its other access for reporting
disrupted), asked Judge Cote's
courtroom deputy what the
basis of asking it to leave,
without the on the record
finding that are required by
applicable Second Circuit
Court of Appeals case law,
was.
The
Deputy said, I'll ask the
Judge if she wants to say. But
the Deputy did not re-emerge,
even after AUSA Comey left. To
their credit, staff of the
Office of the District
Executive when informed
arrived on the scene and,
using their key, went into the
abruptly locked
courtroom.
Minutes
later this explanation was
given: the proceeding involved
a cooperator. The AUSA had
either not sought or had not
obtained permission from "main
Justice" in Washington to
request the sealing of the
courtroom.
So the Judge, a former
prosecutor as others have
noted to Inner City Press - in
fact, the first woman to serve
as SDNY Criminal Division
Chief, to her credit - had
done it sua sponte.
She called the lawyers to a
sidebar moments after Inner
City Press entered the
courtroom, then emerged from
the sidebar to order the
courtroom sealed and the door
locked.
Inner City Press, in-house
media in the SDNY working from
front cubicle in the Press
Room has suggested, to
increase transparency, that
such proceedings be sealed in
advance, rather than on an ad
hoc basis when the press walks
into an open courtroom. That
was an opporunity to be heard,
in advance, would be possible.
It is also advocating for more
opportunities for real-time
reporting from the SDNY, as
recently on the #6ix9ine and
Honduras trials and in 10 days
on OneCoin / US v. Scott.
The responses have largely
been promising.
The
twist to the October 20
sealing of Judge Cote's
courtroom was that it was
partial: it was not only
the lawyers, court staff, and
defendant and the two U.S.
Marshals who remained inside.
So it was a selective sealing.
We hope to have more on this,
reporting with all due
respect, of course. No docket
number. Watch this site.
On a case we can,
we think, report on:
October 23 Inner
City Press exclusive: Asa
Saint Clair was questioned for
wire fraud by the US
authorities at 845 United
Nations Plaza last month, for
his involvement in a dubious
cyber-currency called Igobit,
issued through a UN-linked
"inter-governmental
organization" called the World
Sports Alliance.
Inner City Press has
previously reported on the
World Sports Alliance,
including here
and here and here,
on Burundi.
On October 23 Inner City Press
covering the SDNY was the only
media in the Magistrates Court
when Asa Saint Clair was
brought into the court in
shackles. He was arrested in
California trying to get on a
plane to Madagascar by way of
Paris. More on Patreon here.
Despite telling the government
he was making $50,000 a month,
he was given a publicly funded
Federal Defender lawyer, who
argued he should be
immediately released.
Magistrate
Judge Debra Freeman rejected
the AUSA's request to limit
his use of electronic devices,
and like the US Attorney's
Office made no connection to
the UN itself.
There is a pattern here: in
the Ng Lap Seng case, so
recently in the Second Circuit
Court of Appeals, Ng went to
jail but those he bribed in
the UN remain free and in
action. The same is true for
Patrick Ho of CEFC China
Energy, up to the level of
Secretary General Antonio
Guterres.
Even
in terms of fraudulent coins,
Inner City Press has exposed
and
asked the UN in writing
about the use of Guterres'
image to sell coins by former
UN ambassador of El Salvador Carlos
Garcia. He was
shown in the Ng Lap Seng case
to be helping with money
laundering by Francis Lorenzo,
still someone not sentenced by
SDNY and its AUSAs Richenthal
and Zolkind.
Nor did they ask
on UN official Meena Sur, whom
Inner City Press publicly
exposed as linked to now
SDNY-investigatived WSA, here.
And Garcia
continued his coin scam with
Guterres' image, and now WSA's
Saint Clair is about to be
bailed - even as his case
remained hours later sealed.
Inner City
Press will continue on these
cases. Watch this site.
***
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