SBF's Lawyers File Appeal Claiming Bail Revocation as Retaliation for Exercising First Amendment Rights.
Summary:
Lawyers representing Sam Bankman-Fried have filed an appeal claiming that his bail was revoked as a retaliation for exercising his First Amendment rights, rather than for witness tampering. They argue that his actions were protected by the First Amendment. Bankman-Fried denies any involvement in witness tampering and is scheduled for trial in October on charges related to alleged fraud and misuse of customer funds.
Sam Bankman-Fried's lawyers have filed an appeal asserting that his bail was revoked as a retaliation for him exercising his First Amendment rights, rather than for witness tampering. In a motion filed on August 25 in the United States Court of Appeals for the Second Circuit, SBF's legal team requested his release before his October trial. The lawyers argue that Judge Lewis Kaplan's revocation of SBF's bail on August 11 was improper, as his actions of speaking to the press and revealing information about Caroline Ellison were protected by his First Amendment rights. SBF's lawyers also raised questions about the alleged intimidation or threats against Ellison caused by the former FTX CEO's statements to the New York Times, which led to the publication of some of her private journals. The New York Times also filed its own submission, stating that the public had a legitimate interest in the information and raising similar First Amendment concerns. SBF denies any involvement in witness tampering after prosecutors moved to revoke his bail for allegedly sharing Ellison's diary with the New York Times.
The appeal builds on a previous filing in the U.S. District Court for the Southern District of New York, which claimed that Bankman-Fried's access to discovery materials before his criminal trial was insufficient due to his confinement at the Metropolitan Detention Center in Brooklyn. With approximately five weeks remaining until his trial is scheduled to commence on October 3, the Justice Department has provided millions of pages of discovery materials. Judge Kaplan had already authorized the provision of a courthouse cell block for Bankman-Fried to consult with his attorneys, subject to a 48-hour notice. However, his legal team has argued that these accommodations are inadequate given the limited time before the trial and the extensive amount of information to review.
In October, Bankman-Fried will face seven criminal charges related to alleged fraud and misuse of customer funds at FTX and Alameda. Another trial, scheduled for March 2024, will address five criminal counts against the former CEO. Bankman-Fried has pleaded not guilty to all charges.
Published At
8/28/2023 7:40:42 PM
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