In Griffith
Crypto Case Inner City Press Won Sealing
Order Now Email To DPRK Mission
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
June 3 – Virgil Griffith,
charged with violating North
Korea sanctions in connection
with a crypto-currency
conference there, will now
seek to get the case moved for
lack of venue out of the U.S.
District Court for the
Southern District of New
York.
This emerged at a
telephone conference in the
case on May 18. Griffith's
defense lawyer Brian E. Klein
said he is ready to file a
motion on venue as early as
this Friday May 22, based on "ex
parte, in camera"
filings he made with SDNY
Judge P. Kevin Castel.
Inner City Press, which has
covered the case from
Griffith's first appearance in
the SDNY Magistrates Court to
his Christmas holiday legal
moves to get released to home
confinement in Alabama,
immediately sought the
still-sealed documents in this
criminal case.
Judge
Castel to his credit the same
day asked each side's counsel
to respond: "The Court has
received an application from
Inner City Press for the
unsealing of certain
applications by the defendant
for the issuance of subpoenas.
The parties shall respond to
the application by May 22,
2020. If there is no
objection, the Court will
order the applications and any
resulting order unsealed."
On May 29,
Judge Castel ruled: "MEMO
ENDORSEMENT as to Virgil
Griffith (1) on [39] LETTER
MOTION addressed to Judge P.
Kevin Castel from Kyle A.
Wirshba dated May 29, 2020 re:
disclosure. ENDORSEMENT:
Defendant is directed to file
forthwith on ECF his ex parte
and in camera applications for
subpoenas pursuant to Federal
Rule of Criminal Procedure 17.
(Signed by Judge P. Kevin
Castel on 5/29/2020) (ap)."
On June 1,
instead of the applications
for subpoenas, Griffith's
lawyer filed a motion to
dimiss for lack of venue,
stating that Griffith's email
to the North Korea Mission in
New York, responded to, might
not have been "received" in
New York. Inner City Press is
tweeting the photo here. But
where are the applications for
subpoenas, ordered to be
released four days ago? Watch
this site.
On
May 28, from Judge Castel
again to his credit, this:
"ORDER as to Virgil Griffith.
The government advises that
the defendant consents to
public disclosure of his ex
parte and in camera
application for a subpoena
pursuant to Federal Rule of
Criminal Procedure 17 (the
Application) but does not
consent to advance disclosure
of the Application to the
government. To enable the
government to intelligently
state its position on public
disclosure, defendant shall
transmit the Application to
the government by 1 p.m.
today, May 28, 2020. The
government shall state whether
it has any objection to public
disclosure by 1 p.m. on May
29, 2020. The Court will
thereafter rule on whether the
Application should be publicly
filed (Signed by Judge P.
Kevin Castel on 5/28/20)(jw)."
Watch this site.
The case is US v.
Griffith, 20-cr-15
(Castel).
***
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