Russell Capone

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EFTA00031025.pdf

This document contains the Declaration of Russell Capone, Counsel to the Acting United States Attorney for the Southern District of New York, in support of the Federal Bureau of Prisons' motion for summary judgment regarding FOIA requests filed by The New York Times Company concerning Jeffrey Epstein's incarceration and death. The declaration details the prosecutions of correctional officers Tova Noel and Michael Thomas for falsifying records related to Epstein's suicide, and Nicholas Tartaglione for a quadruple homicide, arguing that releasing certain records would interfere with these pending cases. Attached as Exhibit A is the Indictment of Tova Noel and Michael Thomas, and as Exhibit B is the Superseding Indictment of Nicholas Tartaglione.

Legal declaration with exhibits (indictments)
2025-12-25

EFTA00031018.pdf

This document is a supplemental declaration by Russell Capone, Counsel to the Acting US Attorney, filed in response to a FOIA lawsuit by The New York Times. Capone argues that specific BOP records, including staffing rosters, psychology notes, and SHU logs from July and August 2019, must be withheld under Exemption 7(A) to prevent interference with the pending criminal trials of 'Noel' (prison guards) and 'Tartaglione' (Epstein's former cellmate). The declaration emphasizes that premature release of these documents could influence witness testimony and prejudice jury selection, particularly given the 'unfounded' media theories surrounding Epstein's death.

Supplemental declaration (legal court filing)
2025-12-25

EFTA00015517.pdf

Supplemental declaration by Russell Capone filed on January 15, 2021, in the FOIA case between The New York Times and the Bureau of Prisons. Capone justifies the withholding of specific BOP records—including staffing rosters, psychology records, and logs from July and August 2019—under Exemption 7(A) to prevent interference with the ongoing criminal prosecutions of Noel and Tartaglione related to Jeffrey Epstein's incarceration and death.

Legal declaration (supplemental declaration of russell capone)
2025-12-25

EFTA00015493.pdf

This document is a Supplemental Declaration filed by BOP official Kara Christenson in a FOIA lawsuit brought by The New York Times. It details the BOP's processing of records related to Jeffrey Epstein's incarceration and death, correcting previous statements about visitor logs (clarifying one was a phone log) and justifying the withholding of information such as third-party names, security techniques, and internal investigation details under various FOIA exemptions. It specifically notes that Epstein did not send or receive emails via the prison system and that records of funds transferred to him exist but identifying information of the transferors is withheld.

Supplemental declaration (legal court filing)
2025-12-25

EFTA00015438.pdf

This document is a legal declaration by Russell Capone filed in the SDNY regarding a FOIA lawsuit by the New York Times against the Bureau of Prisons. It argues for withholding records related to Jeffrey Epstein's detention and death to avoid interfering with the pending criminal prosecutions of correctional officers Tova Noel and Michael Thomas (for falsifying records) and inmate Nicholas Tartaglione (for multiple murders). Attached as exhibits are the indictments for Noel/Thomas, detailing the night of Epstein's death, and Tartaglione, detailing the 'Likquid Lounge' quadruple homicide.

Legal declaration with attached indictments
2025-12-25
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Prior declaration details

From: Russell Capone
To: Court

Referenced as prior declaration detailing service and familiarity with FOIA requests.

Declaration
2020-08-05

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