The U.S. Department of Justice (DoJ) has expressed its determination to seek the incarceration of Sam Bankman-Fried, the former CEO of the now-defunct crypto exchange FTX. In response to Bankman-Fried’s lawyers’ claims that revoking his bail would infringe on his right to free speech, the DoJ argued that he had gone beyond exercising his constitutional right and had engaged in activities to discredit a trial witness and influence the jury pool, media reports said.
In a letter addressed to Judge Lewis A. Kaplan in the Southern District of New York, the DoJ attorneys stated that Bankman-Fried had taken covert measures to improperly tarnish the credibility of a trial witness. They requested the appropriate action be taken, which, in their view, is the revocation of his bail and his detention pending trial.
This recent filing by the DoJ followed Bankman-Fried’s lawyers’ defense earlier in the week, claiming that the request to revoke his bond was based on weak factual grounds. The defense contended that detaining him would raise significant concerns regarding the First Amendment.
Regarding the allegations of tampering with a witness, the DoJ refuted the defense’s argument that the New York Times reporter was already aware of the diaries shared with the press. They argued that Bankman-Fried had previously communicated with the reporter, describing the writings in question, and then shared the actual diaries to be referenced in a later article.
Bankman-Fried’s lawyers argued that detaining him at the Metropolitan Detention Center would hinder his ability to participate fully in his defense, citing staffing issues at the facility. In response, the DoJ countered that the MDC houses numerous detainees awaiting trial who are still able to participate in their defense and receive a fair trial.
To support their argument, Bankman-Fried’s legal team attached an expert affidavit from Laurence Tribe, a Harvard Law School professor, stating that the defendant had a constitutional right to publicly comment on the charges against him, including statements related to his accuser.
According to Professor Tribe’s affidavit, Bankman-Fried has the freedom of speech and freedom of the press to discuss the charges and the pre-trial process, subject to certain limitations.
