This is part 2 of my analysis of the 13-page letter that was recently sent to Judge Nicholas G. Garaufis by Keith Raniere’s attorneys. The letter, which is actually a motion, seeks to shield from the public the names of Raniere’s friends who would guarantee his bail bond.
Below are portions of the Raniere document/motion – followed by my comments.
Keith Alan Raniere Document [KAR]:
The government continues to maintain that there are no conditions it will agree to regarding Mr. Raniere’s release. Moreover, the government indicated it will not agree to the sealing of co-signers’ names or the partial courtroom closure referenced herein.
Accordingly, we bring the instant motion.
FRP Comment
The prosecution is consistent – which in the world of Raniere means they are ethical. To him, ethics consists of being consistent. [i.e., if you lie consistently, you are ethical.] The prosecution opposes any conditions of bail for Raniere. They argue he is a flight risk and a danger to the community. The latter is something his detractors have consistently [and ethically] said for years.
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KAR
Over the last twenty years, people associated with Executive Success Programs (“ESP”) and NXIVM have been the targets of threats, computer-hacking and blatant false statements on websites and other media specifically to damage their reputations,
businesses and lives.
FRP
This is typical Raniere projection. He has threatened people associated with him, and targeted them. His means of targeting enemies was to use his superior [Bronfman] wealth to bury and wear down, to deplete the assets of – to attack and lie about people in court. He has done this again and again for 20 years.
The instant filing is another example – although, ironically, he is now on defense – something unique for him.
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KAR
[P]eople antagonistic to ESP/NXIVM have created blogs and websites aimed at targeting those associated with the companies.
FRP
I have a feeling they’re referring to me.
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KAR
The creators of these blogs have stated publicly that they created the blogs to damage people within ESP/NXIVM’s reputations, businesses and lives. These attacks have only increased under the intense media coverage surrounding this case.
FRP
Two people have created blogs that focused on NXIVM – John Tighe and myself. Tighe is in prison.
Raniere may have helped put him there. I do not know if Tighe is guilty or not.
As for myself, my blog is aimed at exposing the truth about NXIVM and Raniere. I have never said I did [and never would] create a blog to damage people associated with NXIVM. I have said I created the blog to expose the truth about NXIVM and that, of course, includes people associated with NXIVM.
If the truth damages them, so be it. If the truth helps them, better still. But creating a blog to expose the truth is different than creating a blog to damage people. Unless Raniere’s attorneys are admitting that the truth will damage NXIVM associates, it is a blatantly false statement.
True, the blog has probably damaged the reputations of some people within NXIVM. But it is the reporting of the truth on the blog that has done that. This is what happens to people when they align with a man whose temperament leads him to set up a secret society that brands and collects blackmail on women.
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KAR
[T]here are several individuals who are willing to co-sign a personal recognizance bond for Keith Raniere and to support the bond with their property or funds, they are afraid that their lives and their families will be threatened, their home addresses made public and that they and their families will be the subject of false and defamatory media reports aimed at damaging their businesses and reputations.
FRP
Are there several individuals willing to cosign for Raniere? Is it their money? Have they reason to fear? Maybe. Once it’s known they are bailing out a man accused of sex trafficking and branding women and running a racketeering organization disguised as a self-help women’s empowerment group, [while branding women as slaves], the public will likely think ill of those who seek to bail him out [especially if he flees].
This might create problems for them. But this is part of our open criminal court system. Should the public have the right to know who is bailing out allegedly dangerous criminals? I think so.
His friends who seek to help him might consult their own standard of ethics and determine which is the greater good – bailing out Raniere and suffering from the scrutiny and even defamatory media reports – or allowing Raniere to remain where he is – within the walls of the Metropolitan Detention Center in Brooklyn NY.
By the way, there is a remedy for defamatory media reports – a lawsuit – for defamation by libel.
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KAR
First, we ask that we be permitted to refer to any potential bond co-signer by a number (Person 1, Person 2, and so on)… We will of course identify the individuals to the government and the Court ….
Second, we ask that for that portion of the bond hearing when the Court questions the co-signer that this… hearing be conducted in a closed courtroom. …
Third, we ask that any personal identifying information in the transcript relating to the Court’s questioning of the potential co-signer be sealed.
FRP
This is truly an extraordinary request. In fact, the proof of this is that Raniere’s lawyers cite no precedent within their 13-page motion of a courtroom ever being closed in order that cosigners on a bail bond be shielded from the media. The reason they cite no precedent is that it has likely never happened in the 244 years of the US legal system.
But there is another problem.
Even if the court were to create precedent and allow the courtroom to be closed because cosigners of a bond are concerned about the free press, it might not work anyway.
How will the cosigners get into court secretly? If the court were to grant the secrecy-from-the-press provision for friends of Raniere, quite likely the media, myself, Toni Natalie, and others associated with or victims of NXIVM will be there.
Between us, we would likely be able to identify almost anyone likely to be a Raniere friend entering the courthouse.
Will Raniere’s attorneys want the block surrounding the courthouse cordoned off? Will Raniere’s friends come in disguise?
What if one of my sources within NXIVM leaks the info to me? Will Raniere’s attorneys want a gag order placed on the media, or just me, preventing the reporting of which friends of Raniere’s are cosigning?
I would be willing to wager that I have sources who will inform me of some, or all, of the cosigners, and whether it is theirs, or Bronfman’s or Salinas’ money they are posting as collateral.
If I find out, I am going to publish it. Bronfman-Raniere – or any of their friends – can sue me for defamation if they like.
That’s their remedy.
I would welcome discovery and their depositions.
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