Judge Garaufis Postpones Raniere’s Rule 33 Until After Appeal

Judge Nicholas G. Garaufis sentenced Keith Raniere to a term of imprisonment of 120 years.
Judge Nicholas G. Garaufis will make no decision now on Keith Raniere’s Rule 33 motion for a new trial. He will wait until after the 2nd Circuit rules on Raniere’s appeal.
Judge Garaufis will also not decide on Raniere’s request to disqualify himself.
The reason is simple. Raniere’s appeal is under consideration by the the Second Circuit. Only one court can have jurisdiction.
‘Sub judice’ is Latin for “under a judge.”
In Raniere’s case, his is “under’ the US Court of Appeals.  Judge Garaufis will not decide Raniere’s motion for a new trial until the appellate court rules. He will also postpone deciding on Raniere’s motion for disqualification.
Raniere accused the judge of bias and asked him to recuse himself from hearing the Rule 33 motion for a new trial.
Raniere’s Rule 33 motion contends that the FBI tampered with evidence. He claims they planted child porn pictures on a hard drive seized from his library.
It may be months or a year before the three-judge appeals panel decides on Raniere’s appeal.
Here is Judge Garaufis’ order:
The Court is in receipt of Defendant Keith Raniere’s [1168] motion for a new trial and [1170] motion for recusal. The judgment of conviction has been appealed to the United States Court of Appeals for the Second Circuit and is now sub judice after oral argument. Accordingly, pursuant to Federal Rules of Criminal Procedure 33(b)(1) and 37(a)(1), and in the interest of judicial economy, the Court defers consideration of the motions until the Second Circuit resolves the pending appeal. The Court will provide further instruction to the parties at that time. Ordered by Judge Nicholas G. Garaufis on 5/9/2022. (Kelly, Sean)

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Frank Parlato


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  • Violent crime against federal judges has risen. Hopefully, the dead-enders are not trying to incite violence against this judge, but I would not put it past them. They keep making inflammatory remarks and unproven accusations, trying to rile people up over something that is unfounded.

  • The bad thing about this is months of posts about the Rule 33 motion and how horrible Judge Garaufis is.

    What a victim to the Justice system Raniere is.

    The Frank Report will be on rinse and repeat until the Second Circuit come back with a answer.

    Just when it was becoming interesting again.

    Dang it

  • The appeal process needs to be more efficient. Why the time lag? Months to a year? It’s this strategic? Intended to defeat? To keep people locked up and make money? Or is the system over flowing with cases?

    • Overflowing with cases. Imagine a world where people took responsibility for their criminal acts and the foccus could be on the truly innocent but wrongly convicted?

      Every rich guilty criminal asshole appeals their case until they die or run out of appeals.

      That’s the system. Flawed terribly but better than most countries for the convicted trying to get out. If they have money.

  • Joseph Tully, attorney for Raniere, just finished an interview which had many new revelations:

    Joseph Tully says his experts have not just provided evidence that proves FBI tampering beyond a reasonable doubt. He, and the experts who have examined the evidence, say they have proven FBI evidence tampering to a “scientific certainty”.

    In preparation for filing his Rule 33 Motion, Joseph Tully and his law firm conducted a mock grand jury on FBI evidence tampering in the Raniere case. 16 of 19 jurors voted to indict the #FBI on felony witness tampering charges.

    You can watch the full interview for yourself here:


    I have a full transcript of the interview which I’ll publish in the next few days.


    • I heard Dr Phil was going to hire Tully to run his Mock Trial business for him he is so impressed

      Scientific proof, oh my

      Did he swear under oath before the podcast that everything he said was the truth, the whole truth and nothing but the truth

      We know lawyer never lie
      That is why there atr no jokes about them

    • Is it just as much a “scientific certainty” as the Tourette’s “cure” produced by NXIVM? And were 16 of the 19 mock jury members current deadenders?


    • A mock jury…….so it doesn’t prove anything…..if this is the strategy Tully thinks will convince people of his opinion, he is wrong……

      • Absolutely. It’s also why push polls don’t matter. They pick people to participate and phrase questions in a way that give them the desired results

    • Considering you can “indict a ham sandwich,” that’s not saying much!

      Grand Juries do not hear any opposition.

      I also do not trust anything from Raniere’s counsel.

    • Psssst!!! Allen T. Stanfield! Your mentally disability is showing!

      Q: What in the world does a grand jury have to do with any of the motions Tully has filed?

      A: Nothing.

      But a MOCK grand jury… now THERE’S something relevant!

      The experts Suneel the Alien hired who say they have proven FBI evidence tampering to a “scientific certainty”… did they cross their hearts and hope to die?

      Did they pinkie swear?

      If not, it won’t be legally admissible.


      Next to this nonsense you are spouting, the Scientology Xenu mythology seems downright sensible.

      Sorry, Mr. World-Class Vegan Athlete, your child rapist idol, Keith Raniere, will die behind bars.

      Viva Ring Dings®!!!!!

    • @Alanzo, it’s a good interview. Tully seems like a decent lawyer on the face of it. I particularly liked that he brought up the example of how because the cops messed up and placed a snitch in the cell of a guy who was known to be guilty and then had to be released because of it and how that resulted in the victims going through a whole ordeal. He could have chosen to use an example where the defendant was not known to be guilty beyond doubt, but he didn’t. He chose to highlight how the corruption resulted in the criminal getting released.

      • ” He chose to highlight how the corruption resulted in the criminal getting released.”

        Yes he did.

        This is something that zooms over the heads of the ‘us vs them’ peanut gallery here.


        • @Alanzo, that’s true, and that includes you yourself in the peanut gallery. You chose to highlight his claim about “scientific certainty”, probably because it sounds like a pass the popcorn moment, rather than what was more relevant as I highlighted. There were several other more interesting things he said as well, including his own process for determining whether the evidence was true or not. You included none of it. Why?

  • In short – Raniere will remain in appeal limbo for awhile.

    Likely the Court of Appeals will take a few months to decide things, at least 3 if not longer. If they kick it back down (vs overturn making the appeals before Garaufis moot) or whatever then its Judge’s turn which could also take months if he chooses.

    If had to hazard a guess, would guestimate at least until August before moves forward.

    In the meantime, expect the pedo acolytes to think they still have something to sell to the public about the case even though public opinion will have no bearing on any of these appeals. Its kind of the point behind a lifetime appointment of judges after all. Even though that now should be under debate since “lifetime” when this first decided was defined as 50s rather than 80s years old. But that is a different subject.

About the Author

Frank Parlato is an investigative journalist.

His work has been cited in hundreds of news outlets, like The New York Times, The Daily Mail, VICE News, CBS News, Fox News, New York Post, New York Daily News, Oxygen, Rolling Stone, People Magazine, The Sun, The Times of London, CBS Inside Edition, among many others in all five continents.

His work to expose and take down NXIVM is featured in books like “Captive” by Catherine Oxenberg, “Scarred” by Sarah Edmonson, “The Program” by Toni Natalie, and “NXIVM. La Secta Que Sedujo al Poder en México” by Juan Alberto Vasquez.

Parlato has been prominently featured on HBO’s docuseries “The Vow” and was the lead investigator and coordinating producer for Investigation Discovery’s “The Lost Women of NXIVM.” In addition, he was credited in the Starz docuseries 'Seduced' for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Parlato appeared on the Nancy Grace Show, Beyond the Headlines with Gretchen Carlson, Dr. Oz, American Greed, Dateline NBC, and NBC Nightly News with Lester Holt, where Parlato conducted the first-ever interview with Keith Raniere after his arrest. This was ironic, as many credit Parlato as one of the primary architects of his arrest and the cratering of the cult he founded.

Parlato is a consulting producer and appears in TNT's The Heiress and the Sex Cult, which premieres on May 22, 2022.

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Phone / Text: (305) 783-7083
Email: frankparlato@gmail.com