Epstein Secrets

well settled. See, e.g., Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 609 n.25 (1982); Hanford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004). EFTA00017095 --- PAGE BREAK --- filing, on August 28. See Dkt. 152. On August 29, the Government belatedly filed applications to seal bot

d States District Judge The Hon. Charles L. Brieant Jr. Federal Buildin and United States Courthouse White Plains, NY 10601 Re: United States v. Tartaglione, 16-cr-832 — Unsealing of Judicial Records Dear Judge Karas: I write on behalf of The New York Times Company and reporter Benjamin Weiser (jointly

t makes them judicial documents. What's more, the weight of the common law presumption of access to these records is undeniably strong. In Graham, the Second Circuit found that the presumption of access for tapes played at a pretrial detention hearing was, at a minimum, "substantial": "The detention of criminal

ured in Jail Cell, New York Times (July 25, 2019) htips://nyti.ms/2kbOXbe. 9 See, e.g., Emily Saul, Jail guards threatening former Epstein cellmate Nicholas Tartaglione: lawyer, New York Post (Aug. 20, 2019), httos://bit.lv/2m2hiFg. EFTA00017100

mes when even though what I just said about the Supreme Court's view of gag orders and prior restraints and so forth, that in the Don King case, in the Second Circuit, the circuit upheld restrictions there on who could speak, the trial participants. And, again, I would say it's not so much a categorical either/o

ure of the documents and interference with the pending criminal proceedings of Tova Noel and Michael Thomas as well as the criminal prosecution of Nicholas Tartaglione. These are weighty pending criminal proceedings, and the government has clearly explained how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EF

e the government has put Tartaglione front and center here, I'm entitled to probe. Let me try this: Has a single document here been withheld under Tartaglione that relates to the events of August 10th? MR. KOCHEVAR: So, in some sense, yes, in that I believe -- and I want to be careful here because I don

ething that would reflect essentially which entries, and within the entries which documents, are being withheld, at least in part, on the basis of Tartaglione? MR. KOCHEVAR: No, other than -- well, other than the descriptions of the documents given in the declarations supporting the withholding, no, we

mes when even though what I just said about the Supreme Court's view of gag orders and prior restraints and so forth, that in the Don King case, in the Second Circuit, the circuit upheld restrictions there on who could speak, the trial participants. And, again, I would say it's not so much a categorical either/o

ure of the documents and interference with the pending criminal proceedings of Tova Noel and Michael Thomas as well as the criminal prosecution of Nicholas Tartaglione. These are weighty pending criminal proceedings, and the government has clearly explained how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EF

e the government has put Tartaglione front and center here, I'm entitled to probe. Let me try this: Has a single document here been withheld under Tartaglione that relates to the events of August 10th? MR. : So, in some sense, yes, in that I believe -- and I want to be careful here because I don't have

ething that would reflect essentially which entries, and within the entries which documents, are being withheld, at least in part, on the basis of Tartaglione? MR. : No, other than -- well, other than the descriptions of the documents given in the declarations supporting the withholding, no, we don't h

arges in Connecticut federal court that he set up a scheme to bribe Indonesian officials. The British executive's case led to an important ruling by the Second Circuit that said prosecutors can't charge a person with conspiring to violate the FCPA if the individual couldn't be charged with violating the law itself.

Epstein to get himself transferred to a different facility after he was denied bail on the sex-trafficking charges, officials said at the time. But Tartaglione's lawyer Bruce Barket told NBC News that the day before Epstein's death, officials at the MCC informed him in an email that the internal investigati

arges in Connecticut federal court that he set up a scheme to bribe Indonesian officials. The British executive's case led to an important ruling by the Second Circuit that said prosecutors can't charge a person with conspiring to violate the FCPA if the individual couldn't be charged with violating the law itself.

Epstein to get himself transferred to a different facility after he was denied bail on the sex-trafficking charges, officials said at the time. But Tartaglione's lawyer Bruce Barket told NBC News that the day before Epstein's death, officials at the MCC informed him in an email that the internal investigati

failure to preserve the video surveillance footage at the Metropolitan Correctional Center, which captured the hallway outside of the cell that Mr. Tartaglione shared with Jeffrey Epstein at the time Mr. Epstein attempted to commit suicide between the late hours of July 22, 2019 and the early morning hours

ble Kenneth K. Karas United States District Judge Southern District of New York 300 Quarropas Street White Plains, NY 10601 Re: United States v. Nicholas Tartaglione, S4 16 Cr. 832 (KMK) Dear Judge Karas: I write to request that the Court promptly conduct an evidentiary hearing to ascertain the circumstances su

that the government acted in bad faith. United States v. Greenburg, 835 F.3d 295, 303 (2d Cir. 2016); United States v. Rastelli, 870 F.2d 822, 833 (2d Cir. 1989). In other words, when the Government fails to preserve evidentiary material that is "potentially useful," such failure "does not violate due

is question of sealing the correspondence with regard to prison conditions, prison designation and then I think we have to resolve the issue of Mr. Tartaglione's housing. So I've read all the letters. I don't know, Ms. if you want to add anything. EFTA00017109 --- PAGE BREAK --- 2 1 2 3 4 5 6 7

he letters have been addressed here in open court really from the very first time that these issues have been raised. So put it in the language of the Second Circuit, the specific contents of the letters are "relevant to the nature of the proceeding," that is, how Mr. Tartaglione is being housed in connection w