Lawyers representing Sam Bankman-Fried, or SBF, have filed an appeal claiming the former FTX CEO’s bail was revoked “in retaliation for him exercising his First Amendment rights” and not witness tampering as alleged.
In an Aug. 25 filing in the United States Court of Appeals for the Second Circuit, SBF’s legal team filed a motion seeking to have him released before his October trial. According to his lawyers, Judge Lewis Kaplan revoking SBF’s bail on Aug. 11 was “improper,” claiming his actions of speaking to the press and releasing information about former Alameda Research CEO Caroline Ellison were part of his First Amendment rights.
According to the appeal, SBF’s lawyers questioned the manner of “intimidation or threats” against Ellison by the former FTX CEO speaking to reporters at The New York Times, which led to some of her private journals being published in an article. The New York Times submitted its own filing in the case, claiming the public had a “legitimate interest” in the information and citing similar First Amendment concerns.
“Under prevailing precedent, Mr. Bankman-Fried’s communications to the Times reporter were protected First Amendment activity,” said the Aug. 25 appeal. “Neither the Government nor the trial court have cited any case law, and the defense is aware of none, where a defendant’s provision of newsworthy information to a journalist has ever been construed as witness tampering.”
SBF has denied he was involved in witness tampering after prosecutors moved to revoke his bail following his alleged sharing of Caroline Ellison’s diary with The New York Times. https://t.co/IvcKnimcyt
The appeal built upon a filing in the U.S. District Court for the Southern District of New York, which claimed Bankman-Fried’s access to discovery materials before his criminal trial was inadequate due to his confinement to the Metropolitan Detention Center in Brooklyn. SBF has roughly five weeks until his first trial is scheduled to begin on Oct. 3, and the Justice Department has produced millions of pages of discovery materials ahead of the court date.
Kaplan had already approved provisions allowing SBF to have access to a courthouse cell block with his attorneys, provided they gave 48 hours’ notice. However, Bankman-Fried’s lawyers have called these accommodations inadequate, given the limited time before trial and the amount of information to review.
In October, Bankman-Fried will face seven criminal counts related to alleged fraud and misuse of customer funds at FTX and Alameda. There will be another trial scheduled for March 2024 in which the former CEO faces five criminal counts. He has pleaded not guilty to all charges.
Sparkassen-Finanzgruppe execs once ruled out adopting crypto over concerns of volatility and risk, and the banking giant also blocked customer crypto transactions back in 2015.
Sir Keir Starmer continues to face the threat of a major rebellion during a key vote on welfare reforms later – despite making last-minute concessions to disgruntled Labour MPs.
Work and Pensions Secretary Liz Kendall has confirmed that all existing claimants of the personal independence payment (PIP), the main disability benefit, will be protected from changes to eligibility.
The combined value of the standard Universal Credit allowance and the health top-up will rise “at least in line with inflation” every year of this parliament.
And an additional £300m for employment support for sick and disabled people in 2026 has been announced, which will rise every year after.
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10:54
Welfare cuts ‘needed to be made’
Ms Kendall has also promised that a consultation into PIP – “co-produced” with disabled people – will be published next autumn.
She said the U-turn on welfare cuts will cost taxpayers about £2.5bn by 2030 – less than half the £4.8bn the government had expected to save with its initial proposals.
But after announcing the U-turns, Labour MPs were still publicly saying they could not back the plans as they do not go far enough to allay their concerns.
Disabilities minister Stephen Timms would not say he was “confident” the proposals would pass the Commons when asked on Sky News’ Politics Hub with Sophy Ridge.
“We’ve got a very strong package, I certainly hope it passes,” he replied.
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1:49
‘Disabled people thrown under the bus’
A total of 86 charities united yesterday to call on MPs to reject the reforms, saying they will harm disabled people and calling it “a political choice”.
The likes of Oxfam, Child Action Poverty Group, Mind and Shelter said the bill has been brought to a vote without consulting disabled people and without any assessment “of its impact on health and employment outcomes”.
When asked to name “a single” disability organisation in favour of the reforms, Ms Kendall declined to do so.
Several Labour MPs indicated they would still vote against the changes, leaving the government in the dark over how big a rebellion it still may face.
Ms Kendall tried to allay their fears, telling MPs: “I believe we have a fair package, a package that protects existing claimants because they’ve come to rely on that support.”
Richard Burgon presented a petition to parliament yesterday evening against the cuts, signed by more than 77,000 people.
Several Labour MPs questioned why the vote was going ahead before the review into PIP is published – including Rachael Maskell, who said she could not “countenance sick and disabled people being denied support” and added: “It is a matter of conscience.”
Connor Naismith said the concessions “undoubtedly improve efforts to secure welfare reform which is fair”, but added: “Unfortunately, I do not believe these concessions yet go far enough.”
Image: Labour rebel Nadia Whittome said the government was ‘ignoring’ disabled people
Nadia Whittome accused the government of “ignoring” disabled people and urged ministers to go “back to the drawing board”.
Ian Byrne told the Commons he will vote against the “cruel cuts” to disability benefits because the “so-called concessions go nowhere near far enough”.
The vote will take place this evening, with coverage on Sky News’ Politics Hub live blog and on TV.