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EFTA00071653

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From: (USANYS)' To: "Strauss, Audrey (USANYS)" Cc:" USANYS (1 SANYS)' SANYS (USANYS "Loner an, Jessica (USANYS)" I (11SANYS (USANYS)" gig USANYS)" Sarah (USANYS)" Subject: Request from Judge Engelmayer in Times v. BOP, 20-cv-833 Date: Sat, 10 Apr 2021 03:57:46 +0000 Attachments: Draft_Transcript_of Final_Portion_of 04092 l_Oral_Argument,_Times_v_BOP,_20cv833.p df Audrey, I hope you're doing well. At an oral argument today, Judge Engelmayer asked me to convey a request to you regarding the Government's response to FOIA requests made by the New York Times seeking BOP documents related to Jeffrey Epstein. I will provide some background and paraphrase Judge Engelmayer's request here, but I am also attaching a draft transcript of the final portion of the oral argument because it may be most efficient to read the Court's request there directly, starting at page 11, line 15 of the attached. By way of background, Times v. BOP, 20-cv-833 (PAE), is a FOIA case where the New York limes is seeking public disclosure of BOP records related to Jeffrey Epstein. BOP withheld a substantial number of documents under FOIA Exemption 7(A), which exempts certain documents from disclosure if their release can reasonably be expected to interfere with law enforcement proceedings. BOP withheld documents under 7(A) on the basis of their interference with two criminal cases in SDNY, U.S. v. Noel, 19-cr-930 (AT), the prosecution of two BOP employees on duty the night of Epstein's death, and U.S. v. Tortaglione,16-cr-832 (KMK), the death penalty prosecution of a former police officer who murdered four people and who was briefly Epstein's cellmate, including at the time of Epstein's apparent suicide attempt. To support the withholdings, we submitted a declaration from that, with the input of the prosecution teams in Noel and Tartaglione, explained how release of certain documents could reasonably be expected to interfere with these cases. Today, Judge Engelmayer

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