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Lawyers representing Sam Bankman-Fried have filed an appeal claiming that the revocation of the former FTX CEO’s bail was not witness tampering as alleged, but rather “retaliation for exercising First Amendment rights.” The appeal argues for Bankman-Fried’s right to a fair defense, citing insufficient access to discovery materials and limited timelines.
What Does the Appeal Application Cover?
SBF’s legal team, who filed the appeal with the United States Second Circuit Court of Appeals on August 25, requested his release before the hearing scheduled for October. According to his lawyers, Judge Lewis Kaplan acted inappropriately by revoking SBF’s bail on August 11, claiming that his speech to the press and the publication of information about former Alameda Research CEO Caroline Ellison were protected under the First Amendment.
According to the appeal, SBF’s lawyers questioned the form of “intimidation or threat” towards Ellison by speaking to New York Times reporters and this led to the publication of some of his private journals in an article. The New York Times argued in its own application to the court that the public has a “legitimate interest” in this information and referred to similar First Amendment concerns.
In the appeal filed on August 25, it stated, “Based on current precedent, Mr. Bankman-Fried’s communication with the Times reporter is an activity protected under the First Amendment.” It further stated, “Neither the Government nor the trial court has cited any precedent interpreting a defendant providing newsworthy information to a journalist as witness tampering, and the defense is unaware of any such precedent.”
Insufficient Permissions According to the Lawyers
The appeal is built upon a filing claiming that Bankman-Fried’s access to discovery materials is insufficient due to his detention at the Metropolitan Detention Center in Brooklyn, New York, pending trial. SBF has approximately five weeks until his first hearing scheduled for October 3, and the Department of Justice has prepared a discovery file of millions of pages prior to the court date.
Kaplan had already approved provisions allowing SBF’s attorneys access to a cell block at the courthouse along with a 48-hour notice. However, Bankman-Fried’s lawyers deemed these accommodations inadequate considering the limited time before the trial and the amount of information to be reviewed.
Bankman-Fried will face trial on seven charges related to fraud and misappropriation of customer funds at FTX and Alameda in October. Another trial involving five charges against the former CEO is scheduled for March 2024.
