OK- FTX Sam Bankman-Fried bail hearing about to begin. #SBF is in the courtroom, head down at counsel table, whispering. He's appealed Press win to try to keep his co-signers secret. Inner City Press is on it patreon.com/posts/filing-f… & will live tweet, thread below
https://twitter.com/innercitypress/status/1616821830378995718
All rise!
Judge Kaplan: I didn't have this case at the beginning. [Judge Abrams did, then recused herself] I'll read the 5(f) warning, Congress has said I have to tell it to the prosecution in every case. [Does] Now, the filings cause more questions.
Judge Kaplan: I didn't have this case at the beginning. [Judge Abrams did, then recused herself] I'll read the 5(f) warning, Congress has said I have to tell it to the prosecution in every case. [Does] Now, the filings cause more questions.
Judge Kaplan: Why shouldn't the exemptions be part of the order and explained to me?
AUSA Sassoon: We have had discussions --
Judge Kaplan: Why shouldn't I know who they are?
[Inner City Press, as in its Jan 3 filing, wonders why the PUBLIC shouldn't know]
AUSA Sassoon: We have had discussions --
Judge Kaplan: Why shouldn't I know who they are?
[Inner City Press, as in its Jan 3 filing, wonders why the PUBLIC shouldn't know]
AUSA Sassoon: We have exempted people we don't expect to be trial witnesses.
Judge: Looking down the road I could anticipate disputes about who has been exempted. Wouldn't it make sense to have the names of record & part of the order? I could consider sealing them
Judge: Looking down the road I could anticipate disputes about who has been exempted. Wouldn't it make sense to have the names of record & part of the order? I could consider sealing them
AUSA Sassoon: We assume counsel is acting in good faith
[Inner City Press: What about SBF?]
SBF's lawyer Mark Cohen: We'd submit it in camera.
Judge: I don't need the names unless something happens. Next, what does the US mean by encrypted? I've read spy novels
[Inner City Press: What about SBF?]
SBF's lawyer Mark Cohen: We'd submit it in camera.
Judge: I don't need the names unless something happens. Next, what does the US mean by encrypted? I've read spy novels
AUSA Sassoon: With respect to WhatsApp, we want monitoring.
Judge: I read last night the Mary Queen of Scots' letter were encrypted, without computers. We are being shortsighted, focusing on apps.
AUSA Sassoon: We hadn't envisioned the defendant handwriting notes
Judge: I read last night the Mary Queen of Scots' letter were encrypted, without computers. We are being shortsighted, focusing on apps.
AUSA Sassoon: We hadn't envisioned the defendant handwriting notes
Judge Kaplan: What about ephemeral?
AUSA Sassoon: Auto deletion features like Snap Chat. It's an issue of preservation.
Judge Kaplan: Aren't you proposing to allow auto-deletion?
AUSA Sassoon: True of WhatsApp. But they've shown us why it's important for defendant
AUSA Sassoon: Auto deletion features like Snap Chat. It's an issue of preservation.
Judge Kaplan: Aren't you proposing to allow auto-deletion?
AUSA Sassoon: True of WhatsApp. But they've shown us why it's important for defendant
[Note: for other less affluent defendants, these prosecutors don't make so many exemptions and listening to arguments why he or she needs WhatsApp]
SBF's lawyer Everdell [who also represented Ghislaine Maxwell] We were trying to find a practical solution
SBF's lawyer Everdell [who also represented Ghislaine Maxwell] We were trying to find a practical solution
Judge Kaplan: What about iMessage?
Everdell: It changes with the operating system. I don't know if Apple is able to keep them on its servers and we can get them. The government was comfortable with the platform
Judge Kaplan: I am less interested in his convenience
Everdell: It changes with the operating system. I don't know if Apple is able to keep them on its servers and we can get them. The government was comfortable with the platform
Judge Kaplan: I am less interested in his convenience
Judge Kaplan: There is still snail mail, and email, without the same risks.
Everdell: We trying to leave a record. We worked a lot on WhatsApp, there are companies that provide a compliance app that put the messages in the cloud - like for regulatory compliance
Everdell: We trying to leave a record. We worked a lot on WhatsApp, there are companies that provide a compliance app that put the messages in the cloud - like for regulatory compliance
Everdell: We can propose a list of apps to the Court in a subsequent submission.
AUSA Sassoon: OK.
Judge Kaplan: I will extend my Feb 1 order pending receipt of whatever further submission you want to make.
SBF's lawyer: We'll submit by Monday.
Judge: Feb 21.
AUSA Sassoon: OK.
Judge Kaplan: I will extend my Feb 1 order pending receipt of whatever further submission you want to make.
SBF's lawyer: We'll submit by Monday.
Judge: Feb 21.
Judge Kaplan: I want to make sure we're still on track. Anything else?
No. No.
Judge Kaplan: Thank you.
Adjourned.
Story soon.
No. No.
Judge Kaplan: Thank you.
Adjourned.
Story soon.
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