EFTA00017095.pdf

Type: pdf
Source set: data-set-8
Extracted text

The Newyork Time: 
Company 
David McCraw 
Vice President & 
Deputy General Counsel 
New York, NY 10018 
nytimes.com 
September 10. 20 19 
VIA FAX 
The Honorable Kenneth M. Karas 
United States District Judge 
The Hon. Charles L. Brieant Jr. 
Federal Buildin and United States Courthouse 
White Plains, NY 10601 
Re: 
United States v. Tartaglione, 16-cr-832 — Unsealing of Judicial Records 
Dear Judge Karas: 
I write on behalf of The New York Times Company and reporter Benjamin 
Weiser (jointly, "The Times") regarding the Government's application to seal 
two recent filings in this case. The Times agrees with the New York Post and the 
Daily Netts (see Dkt. 155) that the application has no merit: the filings are 
judicial documents subject to the common law and First Amendment rights of 
access, and the high bar required for overcoming these rights has not been met.' 
The Government has sought to seal records related to Mr. Tartaglione's August 
20, 2019 application to "be moved from the [Metropolitan Correctional Center] 
and detained at another facility." Dkt. 147 at 1. As the basis for his application, 
Mr. Tartaglione's counsel cited the "constant and deplorable" conditions at the 
MCC and perceived threats to his client's safety from MCC guards. Id. at 2. 
Those threats, he says, arise from his client's speaking up about both the 
conditions at MCC and the attempted suicide of his former and now-late cellmate 
Jeffrey Epstein. Id. at 1-2. The Government submitted a sealed response to the 
application on August 23; Mr. Tartaglione responded in turn, also in a sealed 
The right of access is an affirmative, enforceable public right, and the 
standing of the press to enforce it is well settled. See, e.g., Globe Newspaper Co. 
v. Superior Court, 457 U.S. 596, 609 n.25 (1982); Hanford Courant Co. v. 
Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004). 
EFTA00017095


filing, on August 28. See Dkt. 152. On August 29, the Government belatedly 
filed applications to seal both docum…
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