Thursday, November 19, 2009

Government asks court to unseal letters of support for Jeff Smith

Acting U. S. Attorney Michael Reap filed a motion in U. S. District Court for the Eastern District of Missouri today asking that letters of support for former Sen Jeff Smith, D-St. Louis, who was sentenced to one year and one day in prison Tuesday, be made public:

1. Attached as Exhibit A to defendant Smith’s Sentencing Memorandum were a number of letters for the Court’s consideration relative to defendant’s sentencing.

Additionally, defendant Smith filed a number of additional letters in a separate pleading entitled Supplement to Defendant Jeff Smith’s Sentencing Memorandum. Both Exhibit A to defendant’s Sentencing Memorandum, and the Supplement to defendant’s Sentencing Memorandum were filed under seal, and these letters remain under seal.

2. The United States has received numerous inquiries from various news and media
organizations requesting access to the above-referenced letters. Ordinarily, while sentencing memoranda are filed under seal as they may reference matters contained within the Presentence Investigation Report, letters in support of a defendant are not under seal, just as the courtroom would be open to the public if the letter writers appeared in person before the Court at sentencing and addressed the Court.

3. Defendant Jeff Smith, through counsel Richard Greenberg, has advised that defendant
has no objection to unsealing the above-referenced letters in order to make them public.


Smith resigned from the Senate Aug. 25, the same day he pleaded guilty to obstruction charges involving a coverup of illegal activiity during his unsuccessful 2006 Congressional campaign against Russ Carnahan.

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