By Jonathan Stempel
NEW YORK (Reuters) – The indicted FTX cryptocurrency alternate founder Sam Bankman-Fried is attempting to remain out of jail for disclosing an excessive amount of to the press, and enlisted one of many foremost American constitutional legislation consultants for assist.
Laurence Tribe, the longtime Harvard Regulation Faculty professor, in a Tuesday evening court docket submitting mentioned Bankman-Fried’s disclosures to the New York Instances a few former colleague appeared to fall wanting the “clear and convincing proof” of witness tampering wanted to justify placing the 31-year-old behind bars.
U.S. District Decide Lewis Kaplan in Manhattan is contemplating whether or not to revoke Bankman-Fried’s bail as a result of he gave the Instances private writings of Caroline Ellison, the previous chief govt of FTX-affiliated hedge fund Alameda Analysis.
Bankman-Fried has pleaded not responsible to stealing billions of {dollars} in FTX buyer funds to plug losses at Alameda. Ellison is anticipated to testify in opposition to the previous billionaire at a scheduled Oct. 2 trial.
Tribe mentioned Bankman-Fried had a First Modification proper to attempt shaping his picture via the press, as long as he doesn’t attempt to subvert justice, and appeared to have been solely a “supplemental supply” for a Instances article about Ellison.
“If Mr. Bankman-Fried’s engagement with that article didn’t clearly represent witness tampering, then the Authorities could be asking the Courtroom to surmise nefarious intent … based mostly on an in any other case lawful train of his constitutional rights to talk to the institutional press,” Tribe wrote.
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Tribe additionally mentioned a July 26 gag order in opposition to Bankman-Fried attempting to “affect public opinion” in regards to the case’s deserves — an order the protection agreed to — appeared one-sided as a result of it left his detractors “free so as to add to the media maelstrom.”
Bankman-Fried has been largely confined to his mother and father’ residence on $250 million bond since his December 2022 arrest.
Tribe’s submitting was connected to a letter from Bankman-Fried’s legal professionals saying their consumer didn’t search to intimidate witnesses and there was no motive to jail him.
Prosecutors have till Thursday to answer the letter. It’s unclear when Kaplan will rule.
Tribe was not instantly out there on Wednesday for extra remark.
Now 81 and an emeritus professor, Tribe works at a legislation agency that represents Bankman-Fried’s father Joseph Bankman, however mentioned he has had no involvement in that relationship.
He mentioned he submitted Tuesday’s submitting independently, as a constitutional legislation professional.
A spokesperson for the legislation agency, Kaplan Hecker & Fink, had no speedy remark.
Tribe revealed the key treatise “American Constitutional Regulation” in 1978 and was lead counsel in 37 Supreme Courtroom circumstances. His profile grew in 1987 in U.S. Senate testimony in opposition to Robert Bork’s finally unsuccessful nomination to the Supreme Courtroom.
The case is U.S. v. Bankman-Fried, U.S. District Courtroom, Southern District of New York, No. 22-cr-00673.
