For
Leaking Manafort SARs Edwards
Pled Now Withdraws Filing
Inner City Press Seeks Access
By Matthew
Russell Lee, Video,
thread,
Patreon
SDNY COURTHOUSE,
July 21 –
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 July 21
Judge Woods held a 5 pm
proceeding at which he was
asked to treat Edwards'
filings as if they had never
been filed, and withhold them
from the Press and public.
Inner City Press
immediately filed opposition,
to Judge Woods chambers,
copying the new defense lawyer
Stephanie M. Carvlin and AUSA
Daniel Richenthal:
"Press Access to
correspondence submitted by
defendant in US v. Edwards,
19-cr-64 (GHW) Dear
Judge
Woods:
This concerns, in the
above-captioned criminal case,
the filings by defendant
alluded to on the July 21,
2020 conference call, which I
covered throughout, for Inner
City Press. This is a request
for access to all filings, if
necessary minus the specific
portions found to be
classified, including but not
limited to all submissions
that precipitated the July 21
and prior
conference.
As the Court is aware, the
public and the press have a
presumptive First Amendment
and common law right of access
to criminal proceedings and
records. See Press Enterprise
Co. v. Superior Court of
California, 464 U.S. 501, 508
(1984). The presumption of
openness can only be overcome
if “specific, on the record
findings are made
demonstrating that closure is
essential to preserve higher
values and is narrowly
tailored to serve that
interest.”... Inner City Press
has covered this case from
this through this.
Respectfully, we disagree that
the public interest in this
case and these documents is
'small,' and that documents
that trigger a Federal
criminal case conference are
not judicial documents. The
better practice is to release
these documents, if necessary
with redactions of classified
information." Watch this site.
On the
morning of July 9 Judge Woods
held a proceeding, and Inner
City Press live tweeted it,
below.
Now on July
16 a lawyer representing
Edwards has asked to withdraw
her three pro-se submissions
and to seek to formalize new
counsel, perhaps on July 21.
Full letter on Patreon, here.
Inner City Press will
continue to report on this
case.
From July 9: This
proceeding is for Natalie
Mayflower Sours Edwards
to get a publicly funded CJA
lawyer - and as on some
redaction issues.
Edwards
swears under oath to the
accuracy of financial info.
And a schedule of letters on
redactions is set.
Defense lawyer asks: Is it
your Honor's intention to have
the Government and independent
counsel submit the letter? Or
me and Mr. Kaplan?
Judge Woods: I
won't prescribe. I expect Dr
Sours Edwards will explore the
issue and decide who should
write for her.
Background:
Edwards wrote to Judge Woods
on June 23; he set out a
schedule to deal with the
issues. Edwards wrote that "I
am currently working with CISO
Daniel Hartenstine of DOJ for
the proper review and
redaction of sensitive or
classified nature documents."
Letter and email on Patreon here.
After 5 pm on
July 9, the US Attorney's
Office filed a letter,
including that "United States
v. Natalie Mayflower Sours
Edwards, 19 Cr. 64 (GHW) Dear
Judge Woods: The Government
respectfully writes in the
above-captioned matter to
advise the Court of a recent
filing made by the defendant
in an administrative
proceeding in which, among
other things, she materially
misrepresents events in this
matter and this Court’s recent
actions. As described in part
in the Presentence
Investigation Report (at ¶
26), despite being suspended
following her arrest, and then
resigning following her guilty
plea, the defendant is
claiming in an administrative
proceeding, in which she is
pro se, that she was suspended
and then terminated or forced
to resign by FinCEN in
retaliation for purported
whistleblowing. Following this
morning’s conference, the
Government learned that,
earlier this week, on Monday,
July 6, the defendant filed
the enclosed document, dated
July 7, in that proceeding.
(Exhibit A.) Among other
things, the defendant asserts,
under penalty of perjury: The
Federal Judge in the criminal
trial held a conference on
June 29, 2020 and assigned an
independent counsel to the
defendant/appellant and
requested the independent
counsel review the case. The
Federal Judge found merit and
significant concerns in the
“letter and substantial
documentation” the
whistleblower
defendant/appellant provided
to the court concerning
violation of fifth amendment,
conflict of interests
pertaining to the
prosecution/counsel, coercion
of the plea deal, criminal
referral submitted against
agency IG, the letter
defendant sent to Attorney
General Sessions and Special
Counsel Mueller, etc., all
elements withheld from the
Federal court by both the
prosecution and defense
counsel. (Ex. A at 3-4 (PDF
pages 6-7).) The Silvio J.
Mollo Building One Saint
Andrew’s Plaza New York, New
York 10007 U.S. Department of
Justice United States Attorney
Southern District of New York
Case 1:19-cr-00064-GHW
Document 55 Filed 07/09/20
Page 1 of 2 Honorable Gregory
H. Woods United States
District Judge July 9, 2020
Page 2 As the Court is aware,
these statements are false.
The Court did not find “merit”
in the defendant’s recent
submissions to this Court,
much less determine that she
had a basis in fact for
allegations “concerning
violation of [the] [F]ifth
[A]mendment” or “coercion” or
any other purported violation
or purported misconduct in
this case, even assuming
arguendo that the defendant’s
submissions may be read to
contain such allegations. Nor
did the Court “assign[] an
independent counsel” to
“review the case.” Rather, the
Court appointed Criminal
Justice Act counsel (which did
not occur on June 29, as the
defendant states, but was
discussed then and occurred
earlier today) because the
defendant had sent directly to
the Court three documents,
certain of which contained
communications that appeared
otherwise to be protected by
the attorney-client privilege
or corresponding work product
protection, and her current
retained counsel, without
objection from the Government,
accordingly asked the Court to
appoint counsel for the
defendant, independent from
current retained counsel, “for
the limited purpose of
conferring with [her] about
her submission and any issues
she has regarding her
relationship with current
counsel.” (Dkt. No. 51.) The
Court did not opine on these
communications, or the
defendant’s submission more
generally, or any allegations
concerning her criminal
conduct or this case. In
short, contrary to the
defendant’s statements in the
administrative proceeding, the
Court did not “f[in]d merit”
in any allegations, and the
Court appointed counsel to
confer with the defendant for
a limited purpose in light of
her transmission of
potentially privileged
material to the Court. The
defendant’s misrepresentations
reflect a troubling pattern of
conduct, which the Government
expects to address more fully
in connection with
sentencing." Letter on Patreon
here. We'll have more on this.
On May 22,
Edwards sentencing which had
been set for July 8 was
extended six weeks by Judge
Woods: "Application granted.
The deadline for disclosing
the final pre-sentence report
is extended to June 22, 2020.
Sentencing is adjourned to
August 21, 2020 at 10:00 a.m.
Defendant's sentencing
submissions are due no later
than July 31, 2020; the
Government's sentencing
submissions are due no later
than August 7, 2020. As a
result of this adjournment,
the Court anticipates that the
sentencing will take place in
person in Courtroom 12C."
Inner City Press will be
there.
But it
seems that Assistant US
Attorney Maurene Comey will
not. Put into the docket on
June 8 was this: "MEMO
ENDORSEMENT as to Natalie
Mayflower Sours Edwards on re:
[45] Letter filed by USA. re:
The Government respectfully
requests that the Court order
the Clerk to terminate the
appearance of undersigned
counsel in this matter. AUSAs
Daniel C. Richenthal and
Kimberly J. Ravener will
remain counsel of record in
the case... ENDORSEMENT...
Application granted. The Clerk
of Court is directed to
terminate the appearance of
Ms. Comey in this case.
(Signed by Judge Gregory H.
Woods on 6/5/20)(jw)."
Back in
January the allocution almost
broke down when Judge Woods
asked Edwards if she knew what
she did was wrong. She
mentioned that word
whistleblower then got cut
off.
After
Assistant US Attorney Maurene
Comey and her colleagues
conferred with Agnifilo and
Jacob
Kaplan, also
with Brafman
&
Associates,
the plea got
back on track.
Edwards said
she knew the
disclosure to
BuzzFeed was
not
authorized.
Outside the
SDNY
courthouse
afterward,
Inner City
Press and
others puts
questions to
Agnifilo.
Inner City
Press asked if
Edwards had
sought
whistleblower
status.
Agnifilo said
genially that
he declined to
answer. He
added that he
will be
seeking a non
incarceratory
sentence. The
sentencing is
set for June 9
at 4 pm. Watch
this site. More
on Patreon here.
Back on January
30, 2019 on Worth Street,
Inner City Press asked her
Kaplan about a statement made
during the initial proceeding,
that another person's device
was also search. Kaplan
acknowledged that had been
said, adding that he didn't
know who it was. Video here,
Vine here.
Here's from what
was announced in the Complaint
in October 2018: "Beginning in
approximately October 2017,
and lasting until the present,
EDWARDS unlawfully disclosed
numerous SARs to a reporter
(“Reporter-1”), the substance
of which were published over
the course of approximately 12
articles by a news
organization for which
Reporter-1 wrote (“News
Organization-1”). The
illegally disclosed SARs
pertained to, among other
things, Paul Manafort, Richard
Gates, the Russian Embassy,
Mariia Butina, and Prevezon
Alexander. EDWARDS had access
to each of the pertinent SARs
and saved them – along with
thousands of other files
containing sensitive
government information – to a
flash drive provided to her by
FinCEN. She transmitted the
SARs to Reporter-1 by means
that included taking
photographs of them and
texting the photographs to
Reporter-1 over an encrypted
application. In addition to
disseminating SARs to
Reporter-1, EDWARDS sent
Reporter-1 internal FinCEN
emails appearing to relate to
SARs or other information
protected by the BSA, and
FinCEN nonpublic memoranda,
including Investigative Memos
and Intelligence Assessments
published by the FinCEN
Intelligence Division, which
contained confidential
personal, business, and/or
security threat assessments.
At the time of EDWARDS’s
arrest, she was in possession
of a flash drive appearing to
be the flash drive on which
she saved the unlawfully
disclosed SARs, and a
cellphone containing numerous
communications over an
encrypted application in which
she transmitted SARs and other
sensitive government
information to Reporter-1."
We'll have more on this.
***
Feedback:
Editorial [at] innercitypress.com
Box 20047, Dag Hammarskjold
Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2019 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|