Thank you—I misread you, I apologize, I thought you’d said the judge offered a trial delay. (Although it’s still somewhat interesting that Judge Kaplan reminded the defense that they could submit a request for a delay and he would consider it.)
Clearly the Court did not find this persuasive, but I still want to share some sense of the difficulties SBF was facing: at “the latest opportunity the defense had to observe whether the plan for access to the internet-enabled laptop would work as promised,” due to a number of factors, SBF “spent an entire day getting access to a single document. That is one day he could not spend working at the MDC or conferring with his lawyers.” (from here). Perhaps Bradyonly requires that access is given to SBF’s lawyers (who were not all “well-bankrolled” by the way—Mills at least worked pro bono), but I still think these kind of things are worth mentioning in discussions of the extent to which SBF’s testimony was evasiveness vs. genuinely not recalling.
Also, even if “the recently produced documents” were mostly “from the defendant’s own Google accounts,” he had at least 2.5 million pages in his Google accounts, so whether they were technically “accessible” is not really the point. (Assuming he did have access—SBF reported that FTX cut off his access to his personal LinkedIn account, for example.)
But I do think I veered into talking about how FTX would only provide data to the prosecution not the defense, when my original comment that started this thread was just the words “discovery material”, which may have confused things.
I see no reason to believe he was incapable of factoring those things in to the extent relevant, or unwilling to do so
I think Judge Kaplan’s apparent dislike of SBF has been widely reported and I assume we’ll have to agree to disagree on whether that biased any of his judgments in this case.
I think Judge Kaplan’s apparent dislike of SBF has been widely reported and I assume we’ll have to agree to disagree on whether that biased any of his judgments in this case.
Yeah, we’ll have to agree to disagree on that.
I don’t have videotape of Judge Kaplan, of course, but some behavior that may come across as “apparent dislike” could actually reflect sound courtroom management techniques. For instance, sternly lecturing an defendant who does things like use a VPN while on tight electronic lockdown is a restrained use of the district court’s power, authority, and responsibility to manage the proceedings before it. It can be an attempt to prod an errant defendant back in line without bringing out the heavier-handed powers (although Judge Kaplan did end up remanding SBF after the second tampering episode, on which he was affirmed by the Second Circuit).
Thank you—I misread you, I apologize, I thought you’d said the judge offered a trial delay. (Although it’s still somewhat interesting that Judge Kaplan reminded the defense that they could submit a request for a delay and he would consider it.)
Clearly the Court did not find this persuasive, but I still want to share some sense of the difficulties SBF was facing: at “the latest opportunity the defense had to observe whether the plan for access to the internet-enabled laptop would work as promised,” due to a number of factors, SBF “spent an entire day getting access to a single document. That is one day he could not spend working at the MDC or conferring with his lawyers.” (from here). Perhaps Brady only requires that access is given to SBF’s lawyers (who were not all “well-bankrolled” by the way—Mills at least worked pro bono), but I still think these kind of things are worth mentioning in discussions of the extent to which SBF’s testimony was evasiveness vs. genuinely not recalling.
Also, even if “the recently produced documents” were mostly “from the defendant’s own Google accounts,” he had at least 2.5 million pages in his Google accounts, so whether they were technically “accessible” is not really the point. (Assuming he did have access—SBF reported that FTX cut off his access to his personal LinkedIn account, for example.)
But I do think I veered into talking about how FTX would only provide data to the prosecution not the defense, when my original comment that started this thread was just the words “discovery material”, which may have confused things.
I think Judge Kaplan’s apparent dislike of SBF has been widely reported and I assume we’ll have to agree to disagree on whether that biased any of his judgments in this case.
Yeah, we’ll have to agree to disagree on that.
I don’t have videotape of Judge Kaplan, of course, but some behavior that may come across as “apparent dislike” could actually reflect sound courtroom management techniques. For instance, sternly lecturing an defendant who does things like use a VPN while on tight electronic lockdown is a restrained use of the district court’s power, authority, and responsibility to manage the proceedings before it. It can be an attempt to prod an errant defendant back in line without bringing out the heavier-handed powers (although Judge Kaplan did end up remanding SBF after the second tampering episode, on which he was affirmed by the Second Circuit).