FTX founder Sam Bankman-Fried’s defense team has raised concerns about the adequacy of his access to defense materials, challenging prosecutors’ assertions. In a memo released late Friday, defense attorney Mark Cohen argued that Bankman-Fried’s access to crucial defense resources has been greatly exaggerated by the Department of Justice (DOJ).
The ongoing legal saga surrounding Bankman-Fried took a new twist as his defense team contended that he continues to suffer from a lack of reliable internet access when confined to a cell block at the Southern District of New York courthouse. This development is central to the case as it pertains to Bankman-Fried’s ability to work on his defense, which they argue is essential to protect his Sixth Amendment rights.
One of the core issues revolves around the amount of air-gapped computer access Bankman-Fried actually possesses. According to the defense memo, the DOJ’s claims regarding the extent of his computer access have been overstated. Bankman-Fried’s defense team has repeatedly sought temporary release or increased computer access for their client, asserting that his constitutional rights were being violated.
Prosecutors have consistently maintained that Bankman-Fried had access to defense materials even after his bail was revoked last month, citing concerns about public safety. However, the defense has now challenged this assertion, casting doubt on the true nature of their client’s access.
Earlier this week, the Department of Justice filed a letter in response to these concerns, stating that Bankman-Fried now had access to multiple hard drives containing defense material, an air-gapped laptop available every day of the week, and an internet-enabled laptop equipped with a new battery, all provided by his defense attorneys.
In a surprising twist, Bankman-Fried’s defense team pushed back against the DOJ’s claims. They argued that the proposed access plan, while outlined in theory, does not function as intended in practice. This discrepancy prompted U.S. District Judge Lewis Kaplan to request a detailed explanation from Bankman-Fried’s defense team regarding the inaccuracies they have identified in the prosecution’s plan.
The defense’s assertion that Bankman-Fried’s access to defense materials remains inadequate has raised new questions in an already complex legal battle. It remains to be seen how Judge Kaplan will weigh the arguments presented by both sides and whether any modifications will be made to Bankman-Fried’s access to critical resources.
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