In Filing Begging For Sealed Charges Copy/Paste Mishap Confirms Assange As Target Of US Prosecutors

In a petition to the US District Court for Eastern Virginia, US Attorney G. Zachary Terwilliger and Assistant US Attorney Kellen S. Dwyer argue for issuing sealed charges in a case titled "United States of America v. SEITU SULAYMAN KOKAYI" with SEITU SULAYMAN KOKAYI presumably being a pseudonym for the defendant who may not be named. Except further down in the document a failure in redaction yields gold:

Another procedure short of sealing will not adequately protect the needs of law enforcement at this time because, due to the sophistication of the defendant and the publicity surrounding the case, no other procedure is likely to keep confidential the fact that Assange has been charged.

And a bit further down:

The complaint, supporting affidavit, and arrest warrant, as well as this motion and the proposed order, would need to remain sealed until Assange is arrested in connection with the charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter.

And so any order to seal the charges being leveled at Julian Assange is moot. If there are not already sealed charges against Assange in different pseudonymously obscured case, it can be assumed there will be in another regardless of the determination in this one. Full text below:

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division 1 ^ ' j : « 2 – ^Uli
UNITED STATES OF AMERICA ' –
'V, v .,
SEITU SULAYMAN KOKAYI
Defendant.
Case No. l:18-mj-406
GOVERNMENT'S MOTION TO SEAL CRIMINAL COMPLAINT
AND SUPPORTING DOCUMENTS PURSUANT TO LOCAL RULE 49(BI
The United States, by and through undersigned counsel, pursuant to Local Rule 49(B) of
the Local Criminal Rules for the United States District Court for the Eastern District of Virginia,
respectfully asks for an Order to Seal the criminal complaint, the supporting affidavit, and the
arrest warrant in this matter, as well as this Motion to Seal and proposed Order, until further
order of the Court.
1. REASONS FOR SEALING (Local Rule 49(B)(1))
1. As further described in the affidavit in support of the criminal complaint, the
government is seeking a criminal complaint charging SEITU SULAYMAN KOKAYI with
coercion and enticement of a minor in violation of Title 18, United States Code, Section 2242(b).
2. Premature disclosure the specific details of this ongoing investigation would
jeopardize the investigation, including by allowing Mr. Kokayi the opportunity to flee, destroy
evidence, or engage in acts of violence against the United States or members of the public prior
to his impending arrest.
Case 1:18-mj-00406-TCB Document 5 Filed 08/22/18 Page 1 of 3 PageID# 27
3. The United States has considered alternatives less drastic than sealing, including,
for example, the possibility of redactions, and has determined that none would suffice to protect
this investigation. Another procedure short of sealing will not adequately protect the needs of
law enforcement at this time because, due to the sophistication of the defendant and the publicity
surrounding the case, no other procedure is likely to keep confidential the fact that Assange has
been charged.
11. REFERENCES TO GOVERNING CASE LAW (Local Rule 49(B)(2))
4. The Court has the inherent power to seal charging documents. United States
V. Wuagneux. 683 F.2d 1343, 1351 (11"' Cir. 1982); State of Arizona v. Mavpennv. 672 F.2d
761, 765 (9"^ Cir. 1982); Times Mirror Comnanv v. United States. 873 F.2d 1210 (9"' Cir. 1989);
see also Shea v. Gabriel. 520 F.2d 879 (U* Cir. 1975); United States v. Hubbard. 650 F.2d 293
(D.C. Cir. 1980); In re Brauehton. 520 F.2d 765, 766 (9"^ Cir. 1975). "The trial court has
supervisory power over its own records and may, in its discretion, seal documents if the public's
right of access is outweighed by competing interests." In re Knight Pub. Co.. 743 F.2d 231, 235
(4"^ Cir. 1984). Sealing charging documents is appropriate where there is a substantial
probability that the release of the sealed documents would compromise the government's
ongoing investigation severely. S^ e^g. In re Search Warrant for Secretarial Area Outside
Office of Gunn. 855 F.2d 569, 574 (8"^ Cir. 1988); Matter of Eve Care Phvsicians of America.
100 F.3d 514, 518 (7"' Cir. 1996); Matter of Flower Aviation of Kansas. Inc.. 789 F.Supp. 366
(D. Kan. 1992).
Case 1:18-mj-00406-TCB Document 5 Filed 08/22/18 Page 2 of 3 PageID# 28
III. PERIOD OF TIME GOVERNMENT SEEKS TO HAVE MATTER REMAIN
UNDER SEAL (Local Rule 49(B)(3))
5. The complaint, supporting affidavit, and arrest warrant, as well as this motion and
the proposed order, would need to remain sealed until Assange is arrested in connection with the
charges in the criminal complaint and can therefore no longer evade or avoid arrest and
extradition in this matter.
6. Upon occurrence of the event specified in paragraph 8, pursuant to Local Rule
49(B)(3), the sealed materials will be automatically unsealed and handled as such.
WHEREFORE, the United States respectfully requests that the criminal complaint, the
supporting affidavit, and the arrest warrant in this matter, as well as this Motion to Seal and
proposed Order, be sealed until further order of the Court.
Respectfully submitted,
G. Zachary Terwilliger
United State^ Attorney
By: _i
Kellen S. Dwyer
Assistant United States Attorney
Case 1:18-mj-00406-TCB Document 5 Filed 08/22/18 Page 3 of 3 PageID# 29

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