Epstein Secrets

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

let me start us off on Tartaglione because I may be able to zero in on what is of particular concern. I could not follow, although I've read both Capone declarations, including the first one — which, starting around paragraph 28, engages with Tartaglione — I couldn't think up, except with some degr

uld not implicate the entire document, right? MR. : With the exception that I think some of these documents — and I believe this is noted in the Capone declaration — there are concerns about even releasing them in part because I think the idea, first, in the Tartaglione case that there would be do

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

let me start us off on Tartaglione because I may be able to zero in on what is of particular concern. I could not follow, although I've read both Capone declarations, including the first one — which, starting around paragraph 28, engages with Tartaglione — I couldn't think up, except with some degr

implicate the entire document, right? MR. KOCHEVAR: With the exception that I think some of these documents — and I believe this is noted in the Capone declaration — there are concerns about even releasing them in part because I think the idea, first, in the Tartaglione case that there would be do

withheld Returned Records relates to the circumstances of Epstein's apparent suicide attempt and could reasonably be expected to interfere with the Tartaglione prosecution. See id. ¶¶ 15-16. B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) Each of the Returned R

elease of the Tartaglione Records could reasonably be expected to interfere with any potential penalty-phase hearing required by 18 U.S.C. § 3593 in Tartaglione. Second, plaintiff mischaracterizes the Government's legitimate and reasonable concern about interference with any potential penalty phase of Tarta

isclosure of the Records Would Interfere with Pending Criminal Proceedings BOP properly withheld the Tartaglione Records' under Exemption 7(A). The Capone and Supplemental Capone Declarations explain why release of the Tartaglione Records would interfere with the Tartaglione prosecution, wherein the G

treatment of Epstein, including psychological treatment, and Epstein's contacts with people who are not associated with BOP. 5 The charges against Tartaglione have nothing to do with Epstein. Tartaglione is charged with one count of conspiracy to distribute narcotics, four counts of intentional killing in

s of confinement at the facility. As a result, those conditions of Tartaglione's confinement at the MCC may be relevant to the penalty phase of the Tartaglione case. The theory falls far short of what the Government needs to show to overcome the presumption of openness that is central to FOIA. The theory w

de, and his mental health; and (7) emails relating to Epstein's death, investigations into Epstein's death, and GOP's response to Epstein's death. (Capone Dec111 12-26.) Those records bear little relationship to the prosecutions of Noel and Thomas for making false statements and for conspiring to defr

withheld Returned Records relates to the circumstances of Epstein's apparent suicide attempt and could reasonably be expected to interfere with the Tartaglione prosecution. See id. ¶¶ 15-16. B. Withholding of Some Returned Records in Full or in Part Pursuant to Exemption 6 and 7(C) Each of the Returned R

elease of the Tartaglione Records could reasonably be expected to interfere with any potential penalty-phase hearing required by 18 U.S.C. § 3593 in Tartaglione. Second, plaintiff mischaracterizes the Government's legitimate and reasonable concern about interference with any potential penalty phase of Tarta

isclosure of the Records Would Interfere with Pending Criminal Proceedings BOP properly withheld the Tartaglione Records' under Exemption 7(A). The Capone and Supplemental Capone Declarations explain why release of the Tartaglione Records would interfere with the Tartaglione prosecution, wherein the G

treatment of Epstein, including psychological treatment, and Epstein's contacts with people who are not associated with BOP. 5 The charges against Tartaglione have nothing to do with Epstein. Tartaglione is charged with one count of conspiracy to distribute narcotics, four counts of intentional killing in

s of confinement at the facility. As a result, those conditions of Tartaglione's confinement at the MCC may be relevant to the penalty phase of the Tartaglione case. The theory falls far short of what the Government needs to show to overcome the presumption of openness that is central to FOIA. The theory w

de, and his mental health; and (7) emails relating to Epstein's death, investigations into Epstein's death, and GOP's response to Epstein's death. (Capone Dec111 12-26.) Those records bear little relationship to the prosecutions of Noel and Thomas for making false statements and for conspiring to defr