Beyond The Horizon
The El Chapo Files: El Chapo And The SAMS (Part 1) (6/30/24)
The court battle between Joaquín "El Chapo" Guzmán and the United States Government over Special Administrative Measures (SAMs) is centered around the stringent confinement conditions imposed on Guzmán after his extradition to the U.S. in 2017.Special Administrative Measures (SAMs): SAMs are extreme restrictions placed on prisoners deemed a significant threat to national security. These measures severely limit a prisoner's communication with the outside world, including restrictions on mail, visits, phone calls, and interaction with other inmates.Arguments by El Chapo's Defense:
- Human Rights Violation: Guzmán's lawyers argue that the SAMs constitute cruel and unusual punishment, violating the Eighth Amendment. They contend that these restrictions lead to severe psychological harm and amount to inhumane treatment.
- Right to a Fair Trial: They argue that SAMs impede Guzmán's ability to participate in his own defense by limiting his communication with his legal team, potentially infringing on his Sixth Amendment rights.
- Security Concerns: The government maintains that SAMs are necessary due to Guzmán's history of orchestrating criminal activities from prison and his previous prison escapes. They argue that without these measures, Guzmán could continue to direct his drug cartel's operations, endangering public safety and national security.
- Preventing Witness Tampering: The restrictions are also seen as essential to prevent Guzmán from threatening or tampering with witnesses and obstructing justice.
- The courts have largely sided with the government, upholding the imposition of SAMs on Guzmán. Judges have ruled that the restrictions are justified given Guzmán's history and the potential risks he poses.
(commercial at 10:29)
to contact me:
bobbycapucci@protonmail.com
source:
032717-wls-el-chapo-SHU-doc.pdf (go.com)
- Duration:
- 14m
- Broadcast on:
- 30 Jun 2024
- Audio Format:
- mp3
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In this episode, we're going to continue our journey into the El Chapo files. And this time, we're taking a look at the memorandum of law in opposition to defendant's motion to vacate or modify special administrative measures. And basically what this document shows you is why all of these cartel bosses don't want to do their time in America. So let's dive in. Case number 0-9-CR-466-BMC-S-4. The United States, against Joaquin Archivaldo Guzman-Larea. The memorandum of law in opposition to defendant's motion to vacate or modify special administrative measures. Preliminary Statement. The government respectfully submits this memorandum of law in opposition to the defendant Joaquin Archivaldo Guzman-Larea and his motion to vacate or in the alternative modify special administrative measures, SAMS, dated March 13, 2017. The defendant argues that the SAMS should be vacated or modified on the grounds that the SAMS as applied do not serve their stated purpose or inhumane and violate the defendant's constitutional rights under the first, fifth, and sixth amendments. As set forth below, the defendant's arguments are without merit. The court should deny the motion and uphold the SAMS. As an initial matter, the court should reject these claims on jurisdictional grounds because the defendant has failed to exhaust his administrative remedies. Furthermore, the defendant claims are unresponsive because SAMS can ply with 28 CFR Section 501.3 and do not infringe upon any of the defendant's constitutional rights. Indeed, if there were ever a case warranting SAMS, it is this one. The defendant was the leader of the notoriously violent Sinaloa cartel, the largest drug cartel in the world, has escaped twice from maximum security prisons, has used corruption as a means to operate as organization both while in and out of custody, and has employed violence, kidnapping, and torture through third parties to silence witnesses. There is a substantial risk that the defendant's communications or contacts with persons associated with the cartel and certain other parties could result in death or serious bodily injury to persons, including potential witnesses, in this case. Background 1. Charge Defenses On May 11, 2016, a grand jury sitting in the Eastern District of New York returned the fourth superseding indictment in this case. The indictment, which spans over two-and-a-half decades of Guzman's criminal conduct, charges Guzman in count 1 with leading a continuing criminal enterprise in violation of Title 21, U.S. Code Section 848A, 848B, and 848C. For his role as the leader of the Sinaloa cartel, count 2 charges Guzman with participating in an international conspiracy to manufacture and distribute cocaine, heroin, methamphetamine, and marijuana, knowing and intending that the narcotics would be illegally imported into the United States, in violation of Title 21 U.S. Code Section 960B1A, 960B1B2, 960B1G, 960B1H, and 963. Counts 3 and 4 charge Guzman with being involved in cocaine importation and distribution conspiracies, in violation of Title 21 U.S. Code Section 960B1B2 and 963 and Title 21 U.S. Code Section 846, 841B1A2, and 2 respectively. The indictment also charges Guzman in counts 5 through 15 with specific instances of international cocaine distribution, knowing and intending that the narcotics would be illegally imported into the United States, in violation of Title 21 U.S. Code Section 959A, 959C, 963, and 960B1B2. Counts 16 charges Guzman with the unlawful use of one or more firearms and furtherance of his drug trafficking crimes, in violation of Title 18 U.S. Code Section 924C1A1, 924C1A2. 924C1A2 and 924C1B2. Finally Guzman is charged in Count 17 with participating in a money laundering conspiracy in violation of Title 18 U.S. Code Section 1956H. The indictment provides Guzman with notice of criminal forfeiture related to all charge counts in the amount of $14 billion, which represents an approximation of the illegal proceeds of his narcotics trafficking activities. If convicted of Count 1 alone, Guzman faces a mandatory minimum sentence of life imprisonment. 2. Procedural history in Sam's implementation. On January 19, 2017, Mexico extradited the defendant to the United States and magistrate Judge Orinstein arraigned the defendant the next day. At arraignment, magistrate Judge Orinstein entered a permanent order of detention and since that time the defendant has been incarcerated at MCC in New York, New York. On February 3, 2017, the court held the first status conference in the case and designated the case as complex for speedy trial purposes. The next status conference is May 15, 2017. On February 3, 2017, after the status conference in this case, the Attorney General approved the imposition of Sam's pursuant to 28 CFR section 501.3. Based on the substantial risk that the defendant's communications or contacts with people inside or outside the prison could result in death or serious bodily injury or substantial damage to property that would entail the risk of death or serious bodily injury. The Sam's are reasonably necessary to prevent the defendant from committing, soliciting, or conspiring to commit additional criminal activity. The Sam's mitigate the risk of criminal activity by restricting the defendant's access to the mail, the media, the telephone, and visitors. In general, the Sam's limit contacts and communications between the defendant and other persons based upon a determination that such communications or contacts could result in death or serious bodily injury to others. Notwithstanding the limits regarding third-party contacts, the Sam's clearly permit counsel and pre-cleared staff who have signed affirmations to communicate with the defendant in a variety of ways to prepare his defense. By signing the affirmation, counsel and counsel staff agree not to forward third-party messages to or from the defendant. Notwithstanding that limitation, the Sam's restrictions provide that counsel for the defendant may disseminate the contents of the inmate's communications to third-parties for the sole purpose of preparing the inmate's defense, and not for any other reason. On the understanding that such dissemination shall be made solely by the inmate's attorney and not by the attorney's staff. On February 9, 2017, the attorney general issued an addendum to the Sam's which allowed for interpreters who have been pre-cleared to meet with the defendant. 3. The Sam's are necessary because the defendant has previously used third-parties to silence witnesses and escape from prison. As detailed in the government's prior filings, and in the Sam's order itself, the defendant has demonstrated a history of using third-parties to silence cooperating witnesses, maintain control of the cartel while in custody, and facilitate his escapes from prison. Namely, the defendant has had third-parties such as his assassins or saccarios, commit countless acts of violence against individuals deemed to be a great threat to the cartel, specifically witnesses who may be providing information about the cartel. Further, the defendant has used third-parties such as family members, attorneys, and others to enable his control over the cartel while in custody, as well as to assist in his escape from the prison facilities. The government anticipates that a trial cooperating witnesses will testify about the defendant's prolific use of such violence. Specifically cooperating witnesses will testify about orders that the defendant personally gave to the saccarios to murder persons suspected of operating against his and the cartel's interests. For example, according to cooperating witnesses Guzman, along with investors and drug shipments, affiliated with the cartel, ordered the murder of Julio Beltran, an narcotics trafficker who they believe was engaging in cocaine transactions behind their back. Assassins gunned down Beltran in the streets of Quiliacán using so many rounds of ammunition that Beltran's head was almost completely separated from his body. This is but one example of the defendant's use of brutal force by a saccarios. Other attempts by the defendant and the cartel to kill persons whom they deemed threats are detailed in the government's second ex-partay submission to the court. Likewise the defendant has used third parties both to facilitate his control over the cartel while incarcerated and the plan is escaped from Mexican prisons. The defendant was incarcerated on three different occasions in Mexico from 1993 to 2001 from February 2014 to July of 2015 and most recently from January 2016 to January 2017. While incarcerated the defendant continued to leave the cartel. In its ex-partay filings with this court the government provided concrete examples of the defendant conducting criminal activities from a maximum security facility in Mexico through his various family members, defense attorneys and others. While incarcerated from 1993 to 2001 the defendant continued to build his violent, multinational and multi-billion dollar drug trafficking empire and continued to export thousands of kilograms of cocaine, heroin, methamphetamine and marijuana into the United States. He escaped from prison in 2001, purportedly while hiding in a laundry cart. After his second arrest in February of 2014 the defendant continued to be involved in the cartel. Despite being incarcerated at the maximum security out the Plano prison in Mexico, he escaped from the prison through the mile-long tunnel in part with the aid of corrupt prison workers. Indeed as detailed in the government's second ex-partay submission throughout his criminal career the defendant has relied upon foreign professionals such as attorneys to obstruct law enforcement investigations and aid his crimes. The defendant has also used corrupt foreign politicians and law enforcement officers to further his crimes in multiple different countries. Recently, in granting the government's motion for a protective order, the court based on the government's prior public and ex-partay filings acknowledged the defendant's use of third parties to further his criminal activity. Given defendants allege history of using individuals, including professional individuals, to further his alleged enterprise, the risk presented by permitting foreign nationals, whether attorneys, investigators or others, who could be members or associates of the Sinaloa cartel to join the defense council's team without appropriate vetting is significant. In light of the defendant's prior use of third parties to one, carry out acts of violence against cooperating witnesses, two, facilitate control over the cartel while incarcerated and three, escape from maximum security prison facilities in Mexico, the government sought the implementation of the SAMS pursuant to 28 CFR Section 501.3. Following the defendant's leadership status, his demonstrated ability to commit violence against any threat to him and his organization and his history of escapes from maximum security prisons, it's clear that absent the SAMS, the defendant's access to unrestricted communications or, on monitored contacts with other persons would pose a substantial risk of death or serious injury to the community. On March 13, 2017, the defendant filed a motion to vacate the SAMS. On March 15, 2017, the court ordered the government to respond to this motion by March 21, 2017. All right, we're going to wrap up right here, and in the next episode, we're going to pick up with four, the implementation of the SAMS. All of the information that goes with this episode can be found in the description box. Go to ChumbaCocino.com, got it. Step 2. Collect your welcome bonus. Come to papa, welcome bonus. Step 3. Play hundreds of casino-style games for free. That's a lot of games, all for free. Step 4. 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