EFTA00015515 - EFTA00015516
A supplemental court declaration from BOP Staff Attorney Nicole McFarland correcting an error in earlier testimony, clarifying that a log showed a phone call Jeffrey Epstein made on July 30, 2020—not a visitor—filed as part of The New York Times' FOIA lawsuit seeking records about Epstein's detention.
This is a supplemental declaration filed on January 15, 2021 in The New York Times Company v. Federal Bureau of Prisons (Case 20-CV-00833), a FOIA lawsuit where the Times sought records about Jeffrey Epstein's incarceration at the Metropolitan Correctional Center. BOP Staff Attorney Nicole McFarland corrects her August 2020 declaration, which had mistakenly described an Intake Screening Phone Log as showing a visitor to Epstein on July 30, 2020. The correction clarifies it was actually a phone call Epstein made from the Receiving & Discharging area. This seemingly minor correction is significant because it relates to documenting Epstein's final communications before his death on August 10, 2019—though notably the date mentioned (July 30, 2020) appears to be a typo, as Epstein died in August 2019.
Key Highlights
- •Corrects official record: An Intake Screening Phone Log showed a phone call by Epstein, not a visitor as previously stated
- •Part of New York Times FOIA lawsuit seeking Epstein detention records including video footage, phone calls, and internal memos
- •Nicole McFarland was the Staff Attorney at MCC who later became supervisory attorney in December 2019
Frequently Asked Questions
Related Links
Books for Further Reading
Perversion of Justice: The Jeffrey Epstein Story
Julie K. Brown
Investigative journalism that broke the Epstein case open
Filthy Rich: The Jeffrey Epstein Story
James Patterson
Bestselling account of Epstein's crimes and network
Relentless Pursuit: My Fight for the Victims of Jeffrey Epstein
Bradley J. Edwards
Victims' attorney's firsthand account
Document Information
Bates Range
EFTA00015515 - EFTA00015516
Pages
2
Document Content
Page 1 - EFTA00015515
Case 1:20-cv-00833-PAE Document 38 Filed 01/15/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. 20-CV-00833 (PAE) SUPPLEMENTAL DECLARATION OF NICOLE MCFARLAND 1, Nicole McFarland, declare as follows: 1.1 am employed by the United States Department of Justice, Federal Bureau of Prisons ("BOP"), as a Staff Attorney at the Metropolitan Correctional Center ("MCC"). My employment history with the BOP is described in a declaration I submitted in the above- captioned case on August 5, 2020 (the "Declaration"). 2. I submit this declaration in support of the BOP's motion for summary judgment and to correct certain statements in the Declaration that incorrectly described one record that BOP produced in response to Plaintiffs' FOIA requests. 3. In Paragraphs 17 and 30 of the Declaration, I stated that MCC's searches for records responsive to Plaintiff's FOIA request had located "one log book showing a visitor for Jeffrey Epstein on July 30, 2020." I have since learned that this log book showed a phone call Epstein made on July 30, 2020, not a visit that he received on that date. Specifically, the log book is an Intake Screening Phone Log kept in the Receiving & Discharging area within 1 EFTA00015515
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Case 1:20-cv-00833-PAE Document 38 Filed 01/15/21 Page 2 of 2 the MCC. 1 advertently described the log as showing a visit, when, in fact, it shows a phone call. 4. For the same reason, Paragraph 28 of the Declaration should be corrected to reflect that the searches at MCC located one log showing a phone call made by Epstein on July 30, 2020, specifically the Intake Screening Phone Log described above. Pursuant to 28 U.S.C. § 1746, I declare under the penalty of perjury that the foregoing is true and correct. ete Executed this t day of October 2020. \A naCOCtAtC Nico e McFarland Staff Attorney Metropolitan Correctional Center Bureau of Prisons 2 EFTA00015516
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