Case 1:20-cv-00833-PAE Document 45 Filed 04/12/21 Page 1 of 2
Case 1:20-cv-00833-PAE Document 45 Filed 04/12/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, -v- FEDERAL BUREAU OF PRISONS, Plaintiff, Defendant. 20 Civ. 833 (PAE) ORDER PAUL A. ENGELMAYER, District Judge: On Friday, April 9, 2021, the Court held argument in this Freedom of Information Act ("FOIA") case, which concerns the circumstances surrounding the 2019 suicide of Jeffrey Epstein. As of argument, defendant the Bureau of Prisons ("BOP") has justified the withholding in full of most of the relevant, unproduced documents in this case under FOIA Exemption 7(A). That exemption authorizes the Government to withhold documents that both (1) were compiled for law enforcement purposes; and (2) if disclosed, could reasonably be expected to interfere with law enforcement proceedings. 5 U.S.C. § 552(bX7)(A); see N.Y. Tunes Co. v. U.S. Dep't of Just, 390 F. Supp. 3d 499, 512 (S.D.N.Y. 2019). In support of its withholding un
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Case 1:20-cv-00833-PAE Document 45 Filed 04/12/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, -v- FEDERAL BUREAU OF PRISONS, Plaintiff, Defendant. 20 Civ. 833 (PAE) ORDER PAUL A. ENGELMAYER, District Judge: On Friday, April 9, 2021, the Court held argument in this Freedom of Information Act ("FOIA") case, which concerns the circumstances surrounding the 2019 suicide of Jeffrey Epstein. As of argument, defendant the Bureau of Prisons ("BOP") has justified the withholding in full of most of the relevant, unproduced documents in this case under FOIA Exemption 7(A). That exemption authorizes the Government to withhold documents that both (1) were compiled for law enforcement purposes; and (2) if disclosed, could reasonably be expected to interfere with law enforcement proceedings. 5 U.S.C. § 552(bX7)(A); see N.Y. Tunes Co. v. U.S. Dep't of Just, 390 F. Supp. 3d 499, 512 (S.D.N.Y. 2019). In support of its withholding un
Persons Referenced (4)
“...as cited two pending prosecutions—one of Nicholas Tartaglione and the other of Tova Noel and Michael Thomas—as proceedings that could be disrupted by the disclosure of...”
Michael Thomas“...ending prosecutions—one of Nicholas Tartaglione and the other of Tova Noel and Michael Thomas—as proceedings that could be disrupted by the disclosure of the withheld documents. As discussed at argu...”
MICHAEL THOMAS“...ending prosecutions—one of Nicholas Tartaglione and the other of Tova Noel and Michael Thomas—as proceedings that could be disrupted by the disclosure of the withheld documents. As discussed at argu...”
Nicholas Tartaglione“...olding under Exemption 7(A), the BOP has cited two pending prosecutions—one of Nicholas Tartaglione and the other of Tova Noel and Michael Thomas—as proceedings that could be dis...”
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1:20-CV-00833-PAERelated Documents (6)
L49KNEWM
1 L49KNEWM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x THE NEW YORK TIMES COMPANY, Plaintiff, v. 20 CV 833 (PAE) Remote Conference FEDERAL BUREAU OF PRISONS, Defendant. Before: x New York, N.Y. April 9, 2021 4:00 p.m. HON. PAUL A. ENGELMAYER, District Judge APPEARANCES THE NEW YORK TIMES COMPANY BY: DAVID EDWARD McCRAW ALEXANDRA SETTELMAYER AUDREY STRAUSS, United States Attorney for the Southern District of New York Assistant United States Attorney ALSO PRESENT: ,BOP SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EFTA00105779 2 L49KNEWM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The Court and all parties appearing telephonically) THE COURT: Good afternoon. This is Judge Engelmayer. Let me begin by asking my law clerk to confirm that all counsel are on the line. THE LAW CLERK: Hi, Judge. T
EFTA00015438
DIGITALLY RECORDED
1 2 DIGITALLY RECORDED SWORN STATEMENT OF OIG CASE #: 2019-010614 DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL JUNE 15, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: (818) 431-5800 APPEARANCES: OFFICE OF THE INSPECTOR GENERAL BY: BY: WITNESS: OTHER APPEARANCES: NONE 3 1 MR. All right. The recorder 2 is on. Today is Tuesday, lune 15, 2021 and 3 the time is 10:08 a.m. My name is 4 , and I am a Senior Special Agent 5 with the U.S. Department of Justice Office of 6 the Inspector General, New York Field Office. 7 And these are my credentials. 8 9 MR. Okay. MR. : This interview with 10 Federal Bureau of Prisons employee - let me see 11 - is it Jermaine? 12 MR. : Yes. 13 MR. , is being 14 conducted as part of an official U.S. 15 Department of Justice Office of the Inspector 16 General investigation. Today's date is - again 17 - June 15, 2021. This interview is being 18 conducted at
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30
Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 1 of 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff; -v- FEDERAL BUREAU OF PRISONS, Defendant. 20 Civ. 833 (PAE) MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF PRISONS'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS Acting United States Attorney Southern District of New York 86 Chambers Street, Third Floor EFTA00088671 Case 1:20-cv-00833-PAE Document 25 Filed 08/05/20 Page 2 of 30 TABLE OF CONTENTS PRELIMINARY STATEMENT BACKGROUND 2 I. Criminal Proceedings Against Jeffrey Epstein 2 II. Criminal Proceedings Against Tova Noel and Michael Thomas 2 III. Criminal Proceedings Against Nicholas Tartaglione 3 IV. The Times's FOIA Requests and This Action 3 ARGUMENT 4 I. FOIA and the Summary Judgment Standard 4 II. BOP Conducted an Adequate Search for Responsive Records 5 III. BOP's Withholdings Were Proper 6 IV. BOP Has Satisfied Its Duty to
DIGITALLY RECORDED
1 DIGITALLY RECORDED SWORN STATEMENT OF OIG CASE #: 2019-010614 DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL JUNE 15, 2021 RESOLUTE DOCUMENTATION SERVICES 28632 Roadside Drive, Suite 285 Agoura Hills, CA 91301 Phone: EFTA00059973 2 APPEARANCES: OFFICE OF THE INSPECTOR GENERAL BY: BY: WITNESS: OTHER APPEARANCES: NONE EFTA00059974 3 1 : All right. The recorder 2 is on. Today is Tuesday, June 15, 2021, and 3 the time is 10:08 a.m. My name is 4 and I am a Senior Special Agent 5 with the U.S. Department of Justice Office of 6 the Inspector General, New York Field Office. 7 And these are my credentials. 8 : Okay. 9 : This interview with 10 Federal Bureau of Prisons employee - let me see 11 - is it 12 : Yes. 13 • , is being 14 conducted as part of an official U.S. 15 Department of Justice Office of the Inspector 16 General investigation. Today's date is - again 17 - June 15, 2021. This interview is being 18 conducted at the West Side - w
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13
Case 1:20-cv-00833-PAE Document 22 Filed 08/05/20 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, No. 20-CV-833(PAE) v. FEDERAL BUREAU OF PRISONS, Defendant. DECLARATION OF RUSSELL CAPONE I, Russell Capone, hereby declare as follows: I. I am Counsel to the Acting United States Attorney in the United States Attorney's Office for the Southern District of New York ("USAO-SDNY"). I have served in this capacity since June 2020. Prior to my current role, I served as Deputy Chief and then Chief of the Public Corruption Unit in the USAO-SDNY from July 2017 and as an Assistant United States Attorney from January 2011. I supervised the Noel prosecution directly in my prior role as Chief of the Public Corruption Unit, and I play a supervisory role over both the Noel and Tartaglione prosecutions in my current role as Counsel to the Acting United States Attorney. 2. I am familiar with the Freedom of Information Act r
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