Lawyers for Costigan Media (parent of unruly child Gambling911.com) submitted their rebuttal brief to US District Court in New York, seeking to have the warrant applications in the SDNY poker seizures unsealed by the court.
Link:
SDNY seizures - Costigan Media rebuttal brief
High points: Contrary to what SDNY asserted, there is absolutely precedent in the 2nd circuit for unsealing warrant applications in advance of a prosecution; the fact of the seizures are already in the public sphere, so similar account holders are already on notice of the possibility of a similar seizure; that newsworthiness diminishes with time, and that each passing day may constitute a separate and cognizable infringement of the First Amendment.
I think this brief and effort is helped by the fact that the lead attorney,
Baruch Weiss, spent so many years as a star assistant US attorney in the very SDNY office that started this affair, and can aggressively counter all of those assertions for secrecy that Devlin-Brown & Co. throw out. The guy would be a first-round pick in your "fantasy lawyers league" draft.
Oral arguments are this coming Monday, July 27th, at the US District Court in New York.
Joe@iMEGA