Judge Garaufis Made Best Decision Delaying Rule 33 Until Appeal Decides Raniere’s Conviction

Judge Nicholas G. Garaufis
Judge Nicholas G. Garaufis’ received two motions last week from defendant Keith Raniere. Before the district court, Raniere moved for a new trial under Rule 33. He claims the FBI tampered with evidence.  His second motion asks Judge Garaufis to disqualify himself based on bias from ruling on the Rule 33 motion..

Judge Garaufis won’t decide either since Raniere’s case is currently with a higher court. Raniere appealed before the United States Court of Appeals for the Second Circuit.

Judge Garaufis ruled, “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.”

Raniere asks the same thing from the appeals court as in his Rule 33 motion. He seeks to have his 2019 conviction overturned. The founder of NXIVM is serving a 120-year prison sentence.

By law, Raniere had to file the Rule 33 motion by June 19, 2022, or it would be time-barred. Hence, he had to file anyway to preserve his claim. The judge’s decision did not surprise Raniere’s attorney. Language in the Rule 33 motion shows he expected this result.

Judge Garaufis had another option. He could have, under Rule 37, asked the 2nd Circuit to let him decide Raniere’s motions and put their appeal on hold. If the judge planned to approve or deny the Rule 33 motion, he might have asked to get Raniere remanded to him.

Raniere complicates the process. He asked Judge Garaufis to disqualify himself. If the judge granted the motion for disqualification, he would not decide the Rule 33 motion. Instead, the District Court would assign another judge. A new district judge would have to start a new process and review an unfamiliar case. Judge Garaufis’ decision serves the ends of judicial efficiency. The appellate court has heard oral arguments and has the briefs. It remains for the three-judge panel to make their final decision. The appellate court may give Raniere the relief he seeks.

They may overturn some or all his crimes of conviction or deny it outright. The 61-year-old Raniere might end up with some reduction in his 120-year sentence. However, given his age, anything less than the overturning of his conviction is irrelevant.

For instance, Raniere is appealing his sex trafficking charge.  If the appellate court agrees, Raniere will have 40 years shaved off his sentence.

His current release date is June 27, 2120. His release date moved to 2080 means Raniere would be free at age 120.

Common sense tells me Judge Garaufis’ best option was to put the Rule 33 motion on hold. That’s what he did.


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Frank Parlato

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1 year ago

What you don’t know- is – we have asked the Judge to stop it all together – he is smarter than most men I know who don’t do anything for anybody and LIE about it.
Judge Garaufis has our evidence – and he will determine what is best. We will stand against any appeals or parole hearings –
Rainere is where he is going to be for life.
Get over an appeal-
Viva ESP -!!!!!!

1 year ago

KR needs to tell us who the rat 🐀 is and why Kris died and why all of the secrets. He is a sick, demented pervert and I can’t stand hearing how his harem wants him back- he is a rapist and a killer –
Give me Kris’ remains – and I will go away- but until then, tell KR to go to HELL –

1 year ago

Sounds like a good judge.

1 year ago

News about the Chronically Stupid Bill Gates:

‘Vaccinated and Boosted’ Bill Gates Tests Positive for Coronavirus

Billionaire Microsoft founder Bill Gates announced late Tuesday he has tested positive for the Chinese coronavirus and is experiencing mild symptoms.

Gates, an arch proponent of coronavirus vaccines and their development, announced the diagnosis on social media, adding he would be isolating per experts’ advice until he recovered.

“I’ve tested positive for COVID. I’m experiencing mild symptoms and am following the experts’ advice by isolating until I’m healthy again,” he said in a tweet.

“I’m fortunate to be vaccinated and boosted and have access to testing and great medical care,” he said in a follow-up tweet.

Gates’ announcement followed the publication of his book How to Prevent the Next Pandemic earlier this month, in which he argues coronavirus could be the last pandemic if the world would make the requisite key investments, UPI reports.

The 65-year-old was involved in the effort to make coronavirus vaccines available worldwide as his foundation is a founding partner of GAVI, a participant in the World Health Organization’s (W.H.O.) COVAX initiative that aims to accelerate development and deliveries of vaccines across the globe.

As Breitbart News reported, earlier this month he warned the world to begin preparing now for the appearance of “even more fatal” variants of coronavirus in the future.

He added international health surveillance driven by increased funding for the W.H.O. is one way to forestall future pandemic outbreaks.

Hey Gates you Seattle schmuck!

Gates, Tell us what you were doing with the pedophile Jeffrey Epstein.
Was Epstein blackmailing you, Gates?
Did you honestly believe that Epstein, another college drop out like you, could net you a Nobel Prize?

1 year ago

The NXVIM remnant is going to keep screaming as long as anyone is listening. They are demanding that their cult leader be released, apologized to, and his harem restored. The others can stay in jail, but of course we should pay for having the gall to end Keith’s crimes.

1 year ago

It goes to show Judge Garaufis is a smart judge. He knows how best to use the government’s time & money best

He isn’t going to step aside.

That would bring every case he has sat on for the last couple of years under the same motion if people didn’t like their trial results.

He will either hold a hearing on the Rule 33 motion or dismiss it.

The photos can easily be identified by the victim herself that Raniere took them when she was under age.

Raniere’s lawyer has stated in a video interview, she has testified at Raniere’s Victim Compensation Hearing.

I don’t believe it will bring Raniere an entirely new trial on all his crimes.

He isn’t going to get out of prison. He will die of old age behind bars.

1 year ago

This monster and his Rule 33 can go to Hell- he killed my ONLY sister and I intend to contact Judge Garaufis and make sure this conviction is upheld- he is a rapist, a seducer and a killer –
Viva Executive Success programs

1 year ago
Reply to  Kim

KR is not getting out of jail. They are trying a Hail Mary. He has nothing to lose after all.

1 year ago

Frank, we all know Keith is just throwing anything at the wall and seeing if it sticks. The judge knows it’s just theater. Tired of Keith getting any publicity actually at this point. Just my opinion.

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.” Parlato was also credited in the Starz docuseries "Seduced" for saving 'slave' women from being branded and escaping the sex-slave cult known as DOS.

Additionally, Parlato’s coverage of the group OneTaste, starting in 2018, helped spark an FBI investigation, which led to indictments of two of its leaders in 2023.

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 premiered on May 22, 2022. Most recently, he consulted and appeared on Tubi's "Branded and Brainwashed: Inside NXIVM," which aired January, 2023.

IMDb — Frank Parlato

Contact Frank with tips or for help.
Phone / Text: (305) 783-7083
Email: frankreport76@gmail.com


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