Clare Bronfman is attempting to re-open the habeas corpus petition she had previously filed against the Federal Bureau of Prisons (BOP) and FCI-Danbury.
The Stipulation of Dismissal filed last November in Connecticut Federal Court reads as follows:
On July 5, 2022, Petitioner Clare Bronfman filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. On October 14, 2022, she filed an amended petition. ECF No. 32. The parties agree that, as of November 9, 2022, the petitioner’s Bureau of Prisons classification does not include a “sex offender” public safety factor. In light of the foregoing, the petitioner and respondents agree to dismiss the instant petition without prejudice, pursuant to Fed. R. Civ. P. 41(a)(ii). Each party agrees to bear their own fees and costs.
The real issue in the case was the “Sex Offender” tag, as Public Safety Factor (PSF) applied administratively by the BOP. Sex Offenders are precluded from a whole bunch of programs, including under the CARES Act, allowing prisoners to earn credit towards early release. The SO tag also allows the BOP to mandate Clare take certain programs, including Female Integrated Treatment (FIT). Also, sex offenders cannot go to Federal Prison Camps, the safest and least restrictive of prisoner housing.
Sex Offenders are generally subjected to longer in-prison time, less halfway house placement, and a tougher bid while they are on the inside. SOs do not get prison phone or TRULINC email privileges. Also called CHOMOs (prison slang for child molesters), SOs of every type are lumped into a category universally disdained by prison staff and fellow inmates alike.
In November 2022, the BOP told Clare Bronfman they would administratively drop the sex offender tag. This promise induced her to end the habeas corpus petition. The lawsuit had achieved its goal, and the parties agreed to dismiss.
But the BOP and FCI-Danbury have welched on their promise, according to court papers filed by Bronfman. She seeks to reopen the case and have the Court compel the following relief:
- issuance of a writ of habeas corpus directing the BOP to remove any references to sex offenses from Bronfman’s record;
- to cease any requirement that Bronfman participate in the Female Integrated Treatment (FIT) program;
- to restore Bronfman’s telephone and email privileges;
- to provide Bronfman and her attorneys with a space suitable for legal visits to allow her to both meet with and speak with her attorneys on the telephone;
- and to grant her time credit for early release (absent any ability to show why she should not receive it) pursuant to the CARES/First Step Act.
Clare Bronfman appears to have a point. She pled guilty to two charges: Conspiracy to Conceal and Harbor Aliens for Financial Gain; and
Fraudulent Use of a Means of Identification. Where is the sex offense?
Clare is trying to re-open the case right now, saying the BOP is breaching the letter and spirit of the Stipulation. Clare says the BOP is not removing the sex offender label in violation of the law, and even if they technically did, they aren’t treating her like it.
In her motion to re-open the habeas corpus petition filed on January 20, 2023, Bronfman said:
Though BOP did remove the sex offender label from her file, Ms. Bronfman continues to be treated as though she has been convicted of a sex offense: a case worker recently informed her that, because of her “offense status” as a sex offender, the warden would not grant her any CARES Act / FIRST STEP Act time credits. Further, on information and belief, Ms. Bronfman was told that her “offense status” as a sex offender is prohibiting her re-classification into a camp, where she would have been housed but for the erroneous sex offender PSF, which was the subject of the original filing in this matter. The case worker also told her that the warden would not give her any credits because (on advice of counsel) she has declined to participate in a therapy program called the FIT Program, which would require her to falsely admit to sex offenses she did not commit.
Bronfman says the BOP acting against the Stipulation and retaliating against her for having brought the habeas corpus petition. Two days after the Stipulation of Dismissal was filed, BOP began restricting Ms. Bronfman’s access to counsel. FCI-Danbury refused to provide a heated space for meetings with lawyers. The BOP also revoked her communications privileges. Bronfman could no longer contact friends, family members, and one of her attorneys. Bronfman lost privileges to email, phone, mail, and in-person visits.
The BOP does not deny the merits of Clare Bronfman’s petition. The BOP’s opposition papers raise purely procedural defenses. They say the petition is settled, and Clare needs to restart the administrative remedy process (which takes six months or more) and then bring a new petition.
Substantively, Petitioner’s motion could be construed as a motion to amend her Petition to raise a new litany of complaints regarding the conditions of her confinement, as extensively detailed in her Motion to Reopen. However, the Court should deny the motion because the proposed amendments would be futile; Petitioner failed to exhaust these new grievances through the BOP’s administrative remedy process.
Believe it or not, this is a very important issue for federal prisoners. Every time a prisoner files in court, one of the first defenses the BOP raises is lack of jurisdiction, a procedural defense. The BOP says that because the prisoner did not exhaust their administrative remedies under the Prison Litigation Reform Act of 1996 (PLRA), the petition is untimely. Most prisoner litigation fails for this reason.
On their website, the ACLU has a PLRA FACTSHEET. It lays it out:
The First key to remember about the PLRA is that before you file a lawsuit, you must try to resolve your complaint through the prison’s grievance procedure. This usually requires that you give a written description of your complaint (often called a “grievance”) to a prison official. If the prison provides a second or third step (like letting you appeal to the warden), then you must also take those steps. If you file a lawsuit in federal court before taking your complaints through every step of your prison’s grievance procedure, it will almost certainly be dismissed.
The BOP says that they can make a deal with a prisoner, then welch on the deal. But the prisoner cannot go back to the judge who accepted the Stipulation for any relief. At least not until they go through the entire PLRA-mandated BOP Administrative Remedy Process. At “warp speed,” it takes six months for a prisoner to exhaust at all three levels: the prison, the BOP Regional Office, and the BOP National Office in Washington, D.C.
Clare filed reply papers on February 22, 2023, raising an interesting point:
If BOP’s argument is correct—that every time they retaliate against an incarcerated person that a new round of administrative appeals is required—then virtually no instances of retaliation would ever be appropriately addressed because of the remarkable amount of time required to go through the administrative appeals process.
I tend to believe Clare, given my experience with the BOP. The Counselors and Case Managers hate CHOMOs, and they probably consider Clare a CHOMO / Sexploiter. I don’t think there is extra retaliation because of the habeas petition. I just think that’s the way BOP staff operates. And their government lawyers cover for them.
The BOP lawyers are shamelessly hiding behind the PLRA’s requirement of exhaustion of remedies. The BOP lawyers are asking for the right to continually deprive inmates of their constitutional rights. As soon as one violation makes it to court after a year of administrative appeals, the BOP asks to be allowed to make a deal with the prisoner that they won’t have to live up to for several more years. They say a new appeals process must begin to enforce the deal.
When I was away, a favorite acronym for the BOP was “Backwards On Purpose.” That’s the BOP’s argument in this case in a nutshell.
The case is assigned to District Court Judge Jeffrey A. Meyer, a Barack Obama appointee who clerked for the late Supreme Court Justice Harry Blackmun. Hopefully, the good judge can channel his legal mentor, a champion of fundamental fairness and prisoners’ rights, and see through the BOP’s transparent case.
Clare Bronfman is many things, and many of them emanate from abyssal demons residing in a damaged soul. But she is not a sex offender. And the BOP should not get to treat her as such.
Richard Luthmann is a writer, commentator, satirist, and investigative journalist with degrees from Columbia University and the University of Miami. Once a fixture in New York City and State politics, Luthmann is a recovering attorney who lives in Southwest Florida and a proud member of the National Writers Union.
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It’s hilarious that Luthmann feels qualified to offer commentary about a legal matter. He is DISBARRED crook and sponges off his old parents. They must be so proud of their homely, grotesquely obese convict son.
Come on by. Three rounds in the ring. We’ll see who’s obese and who’s a bloodied up bitch.
Hugs and kisses.
DING DING DING!!!
Cringe!!!!!! Are you such a narcissist that you can’t see that picture shows that you have a fat face bad nose no lips pointy chin and close set eyes that look like a serial killer’s. That your arms look fat squishy and have no definition. You will always be the fat guy and homely as sin. It’s good to know you want to beat up a woman in the ring. You are a loser and always were. Do Claire a favor and move out so she doesn’t have to explain why you live with her. Forget your ego but that will be impossible. Stop pretending you’re a writer and try to get hired at Home Depot or Walmart may be they hire ex cons. Those jobs aren’t beneath you they are what you can get if you are lucky. Pay your own way and stop sucking off your mommy. Be a man!
If you’re a woman, thanks for confirming you missed the love boat.
If you’re really a man, come by and get into the squared circle so you can collect that ass-whooping from this “homely” son of a bitch. I promise it will be less than six weeks in the hospital.
And my writing must be pretty good if I have you so triggered that I’m renting space for free in your head.
Frank Report needs to start setting up fights. $20 streaming fee. All proceeds to charity.
Frank Report PPV #1:
“The Disbarred Damager” Richard Luthmann
Frank “NXIVM Nuker” Parlato
Ed “The Cialis Smoker” Nusbaum
The Democrats intend to arrest and execute Donald Trump in Federal prison.
In the heart of every Democrat lives a KGB agent.
No Shadow. Democrats don’t arrest anybody. The police does.
Execute? That’s in itself is a good idea, but it’s not going to happen, obviously.
I have one for you too: in every Maga republican lives a fascist.
At least have the common courtesy to accept a free and fair election, you fascist fool.
Know where I can sign up for the firing squad? I love to go for the bull’s eye
She is going to be out by the time they get any of this stuff resolved. Take it as a penance.
Please stop making fun of her looks. It’s vulgar and immature and was outside of her control, just like it was for everyone else. By all means, criticize or mock her bad behavior in continuously supporting a conman and sex offender, but doing the former just reeks of emotionally stunted behavior.
99.9% of the time, I would agree with you. Horseface is a rare exception. Her ugliness is a manifestation of her inner evil, so it’s not an immutable characteristic, it’s a surfacing of her inner ugliness.
The menopause is a bitch.
Is it Bronfman records state she is a still has sex offender status or is it because some COs within the system don’t like that Bronfman remains loyal to Raniere?
Because of that they considered her part of the RICO sex ring and give her shit about it.
To continue to defend Raniere with her money has to have a negative impact on how people working for the BOP see Bronfman.
Raniere is a high profile sex offender. Bronfman still continues to pay his way plus the people that supports his efforts to be a free man.
She pays their daily wage and fight to be in contact with them once more.
She was the only one left arrested who didn’t denounce Raniere upon entering sentencing and prison. She is paying for that with extra years for her devotion.
Even her Harvard Lawyer is doing video clips on social media with NXIVM loyalists about Raniere’s Rule33 motion.
Is her Harvard lawyer blowing smoke up Bronfman’s ass saying if Raniere could get another trail she can get out of prison?
That’s not happening. Her plea deal had nothing to do with those pictures.
But Harvard lawyer does have a million dollar tax bill due to the IRS.
So…. does he bill Bronfman to do videos about Raniere’s Rule33 motion with the loyalists?
Hum, how do those billable hours work?
“Is her Harvard lawyer blowing smoke up Bronfman’s ass saying if Raniere could get another trail she can get out of prison?”
Her lawyers always dangle carrots in front of her. 🐴🐎🐴
Its trial., not trail you two previous commenters.
Also, are you stalking her lawyers debts? Thats the pot calling the kettle black?
Maybe you can keylog or hire a team to follow his financials?
I know it is trial. I just don’t like to correct people when they make a mistake. Who wants to be a nag?
That’s comedy gold, that is! 🤣🤣🤣
She, Alison Mack and other Seagrams were on the list of Epstein’s Island.
Yes, and SantaClaus and Elvis where there too.
Annoying, isn’t it?
Where is that list
“She, Alison Mack and other Seagrams were on the list of Epstein’s Island.”
What “list” is that and where is this “list”?! Do you have any real proof of this or is this just rumors?!……
I’ve seen the list and Allison Mack was never on it! Nor was the Bronfmans! This isn’t about defending them as people. This is about being objective.
No matter how detestable a person is, that doesn’t justify spreading false rumors about them!
She’s evil. She’ll get out and will start targeting people and seeking vengeance again.
Targeting people for what?
She’d only do that if she wanted to go right back to prison.
She’s got probation to do.
If she’s smart she know she’s “being watched” this time and keep herself out of trouble.
Prison Not nice, why would she be in a hurry to return.
Maybe it would help Clare’s case if Suneel wrote another letter to the court stating that BOP is not not allowing Suneel to visit Clare and wipe her behind.
This repeated comment in every article about Clare is getting old. Not even funny anymore. You must be 14 years old…because that’s how childish this comment appears.
Sorry, but please remind Suneel to stop squeezing the Charmin.
1 Do we know which specific charge(s) in Horseface’s case triggers the “Sex Offender” tag?
2. Is there a specific person who enters the tag on the prison profile? Or does this tag get automatically created based on the data entered into her profile? Who specifically is responsible?
I agree that she is not a “sex offender”. The crimes she was charged with were – I believe – around immigration and labor. If BOP is using this type of stuff to punish people, that is really not ok. As I have said many times in the past, Horseface is a dangerous person. Her perceived enemies are in danger upon her release. She will pay any amount of money to her lawyers to find ways to destroy their lives via litigation that will take years. Her life’s work will be the lives she destroyed to satisfy the twisted, selfish wants of one man: Raniere. But I just am not convinced she is a sex offender.
Break what breaks you.
Jesus Pilgrim if ever a name suited someone so aptly…. It’s definitely Horseface! She looks like she needs to tie treats around her neck to get her dog to play with her. Jaja!
Thanks Richard M.!
Yes, I think it really suits her perfectly.
Well, we know where Shergar is. Why the long face, Clare?
I agree. As much as I dislike Clare, she’s not convicted of sex crimes. It makes no sense to treat her as asexual offender.
The whining of her counsel that they can’t meet with her in a heated room, weakens her case though.
If Ms. Bronfman isn’t getting here Cares Act time, why has her release date changed to an earlier date more than once while she has been in prison?
Isn’t the FITS program for all women prisoners. It’s not just for sex offenders. Why her attorneys are stopping her is beyond a group of us.
Could it be there there is something else going on behind the scenes between Mr Raniere’s followers that the public is unaware of that would cause Mr. Raniere and Ms. Bronfman to have their “friends” srubed from contacting them?
Let’s face it, their “friends” are the NXIVM hires that have been causing the issue that the BOP have written about in Raniere’s civil lawsuit.
Ms. Bronfman’s lawyer has shown up contact Mr. Raniere directly by phone and visiting him in Tucson.
Isn’t that odd when Bronfman and Raniere shouldn’t be in touch.
Maybe this will help Ms. Bronfman to disengage from Mr. Raniere and the rest of his followers to start a new life.
Wouldnt that be wonderful new for all of them to break away from a man who got five people arrested on RICO charges and four ended up in prison already.
Who to know
Clare has the money and she had the good lawyers. She has a chance.
Dr. Gastone Porter,
If by “cute” you mean “looks like spawn of Noferatu and kangaroo”, then I agree, she’s cute.
Dr. Gastone Porter
March 17, 2023 at 12:02 am
Aren’t you still married to Allison Mack?
On 12/11/2020 Allison Mack filed a Family – Marriage Dissolution/Divorce lawsuit against Nicole Clyne.
It’s just a divorce at a sluggish pace.
Is there a reason for that?
If things continue like this, they will both celebrate their golden wedding anniversary.
If things continue like this, they will both celebrate their golden wedding anniversary.
Maybe Allison Mack is still a member of NXIVM in her heart.
If Jerry Garcia and David Crosby were to have had a kid together…
Then her heart and liver would be up shit’s creek too!
She is disgusting on the inside and out. I’d rather get a root-canal than kiss her for even a split second. Her face looks like a constipated Hell- demon on crystal meth.
Accurate and funny