In the past couple days, prosecutors have filed several dozen victim additional impact statements and submitted letters from the current execs of Alameda and FTX and other affiliated businesses. That letter from FTX calls bullshit on Sam's sentencing submission and how it characterizes the financials of FTX and the bankruptcy proceedings.
Defense counsel have filed letters accusing the prosecution of being mean, "hostile", their filings "disturbing" and "apocalyptic" as well as accusing them of violating Sam's 5th and 6th Amendment Rights.
They paint Sam as a well meaning, but misguided "brilliant" young man who fell victim to market forces and poor decision making.
I covered some of these filings on my most recent show at about 30mins in.
I look forward to SBF being sentenced to decades in prison, hopefully five of them, and then appealing, and then perhaps DOJ offering to half that sentence in exchange for him flipping on his parents- the real architects of the FTX money ball scheme to purchase swampy politicians and political influence.
This is a Non-Evidentiary hearing to discuss Trump's motions to dismiss based on Unconstitutional Vagueness and The Presidential Records Act, as well as replies to those motions.
These motions ONLY concern Counts 1-32 because those are the Willful Retention of National Defense Information charges.
It may last all day.
In the Unconstitutional Vagueness motion, Trump's counsel argues that Section 793 "unconstitutionally vague as applied to ...a former President operating within the framework of the Presidential Records Act (“PRA”), who
(1) acted as the ultimate Original Classification Authority based on Article II of the Constitution and under Executive Order 13526,
(2) has recourse to the executive privilege, and
(3) is entitled to immunity for his official acts."
Additionally, they argue that federal judges should not be trying to fix legislative "language chosen by elected officials"
and...
"Judicial efforts to “save” § 793(e) by attaching broad interpretations to a criminal statute in order to reach the conduct of defendants hauled into court by overzealous and politically motivated prosecutors is contrary to the Rule of Lenity. The Supreme Court recently applied this logic in three cases striking so-called “residual clauses” in the Armed Career Criminal Act, Immigration and Nationality Act, and 18 U.S.C. § 924(c). E.g., United States v. Davis, 139 S. Ct. 2319, 2323 (2019).
New indictment from Special Counsel David C. Weiss charging Alexander Smirnov, a Confidential Human Source for the FBI, with 1 count of False Statements and 1 count of Falsifying Records in a Federal Investigation.
"The US Justice Department said Wednesday that the FBI surreptitiously sent commands to hundreds of infected small office and home office routers to remove malware China state-sponsored hackers were using to wage attacks on critical infrastructure.
The routers—mainly Cisco and Netgear devices that had reached their end of life—were infected with what’s known as KV Botnet malware, Justice Department officials said. Chinese hackers from a group tracked as Volt Typhoon used the malware to wrangle the routers into a network they could control. Traffic passing between the hackers and the compromised devices was encrypted using a VPN module KV Botnet installed. From there, the campaign operators connected to the networks of US critical infrastructure organizations to establish posts that could be used in future cyberattacks. The arrangement caused traffic to appear as originating from US IP addresses with trustworthy reputations rather than ... in China."
Interesting that CYBERCOM is left out of this story and yet CYBERCOM Commander General Nakasone appeared alongside FBI Director Wray and CISA Director Easterly yesterday in a House Select Committee hearing that focused on cyber threats from China.
"For his egregious violations of the public trust, the government requests that the Court sentence the defendant to 30 months’ incarceration and order him to pay a fine of $95,000"
Hopefully the judge agrees to that and sentences this time to be served CONSECUTIVELY and not CONCURRENTLY with the 50 months he got in the SDNY case.storage.courtlistener.com/recap/gov.usco…
My favorite part of this submission is the failed scheme to introduce his friend and current GOP Presidential hopeful @NikkiHaley to a couple Bosnians from a pharmaceutical company while she served as the U.S. Ambassador to the United Nations.
The price for setting up this meeting was $500,000.
Exhibit 2
McGonigal took a number of steps to make this meeting happen, but ultimately it never happened.
McGonigal's ex, @AllisonGuerrier , in commenting on this scheme asked a great question,
"‘She’s not a traitor. But I do care that someone who is running for the presidency of this country at a time when we have a convicted traitor who was in the FBI, why isn’t she denouncing him?’"
There are three other sealed filings from Jan 10.
The Times has filed to have them unsealed. Apparently they are Bob's Memo of Law in Support if his 1st Motion to Dismiss + a declaration + exhibits. storage.courtlistener.com/recap/gov.usco…
I was having a look around and noticed something...
None of the defendants have the same set of attorneys, including Bob and Nadine.