EFTA00031018.pdf

Type: pdf
Source set: data-set-8

Extracted text

Case 1:20-cv-00833-PAE Document 40 Filed 01/15/21 Page 1 of 7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THE NEW YORK TIMES COMPANY,
Plaintiff,
No. 20-CV-833(PAE)
v.
FEDERAL BUREAU OF PRISONS,
Defendant.
SUPPLEMENTAL DECLARATION OF RUSSELL CAPONE
I, Russell Capone, hereby declare as follows:
I.
I am Counsel to the Acting United States Attorney for the Southern District of
New York ("USAO-SDNY"). My prior declaration in this matter dated August 5, 2020, details
my service in this capacity and prior service in the USAO-SDNY. As noted therein, I am familiar
with the Freedom of Information Act requests filed by the New York Times Company (the
"FOIA Requests") that are the subject of this case, which seek records related to the
incarceration of Jeffrey Epstein at the Metropolitan Correctional Center ("MCC"). I am also
familiar with the responsive records that defendant the Federal Bureau of Prisons ("BOP") has
withheld in whole or in part pursuant to various FOIA exemptions, including GOP's
withholdings from the records provided back to BOP by the Office of the Inspector General of
the Department of Justice ("OIG") since the submission of my August 5, 2020, declaration.
2.
The statements contained in this declaration are based on my personal
knowledge, documents maintained in the files of the USAO-SDNY, conversations with members
of the Noel and Tartaglione prosecution teams at the USAO-SDNY, public court filings, and
conclusions made in accordance therewith.
EFTA00031018

Case 1:20-cv-00833-PAE Document 40 Filed 01/15/21 Page 2 of 7
3.
I submit this declaration in further support of BOP's motion for summary
judgment in this case. Specifically, this declaration addresses the bases for the withholding in
whole or in part of certain records provided back to BOP by OIG pursuant to FOIA Exemption
7(A).
Records Withheld in Full or in Part from Disclosure Pursuant to FOIA Exemption 7(A) on
Account of Likely Interference with N…

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