IN
THE
UNITED STATES
ISTRICT
COURT FOR THEEASTERN
ISTRICT
OF
IRGINIA
Alexandria Division
:
«
2 -
li
UNITED STATES
OF
AMERICA
V,
v
.
SEITU
SULAYMAN
KOKAYI
Defendant.
Case
No.
l:18-mj-406
GOVERNMENT S
MOTION
TO
EAL CRIMINAL
COMPLAINT
ND
UPPORTING
DOCUMENTS
URSUANT
TO LOC L
ULE
9(BI
The
United
States
by
and
through
undersigned
counsel,
ursuant
o
Local
Rule
49 B)
of
the
Local
Criminal
Rules
or the
United
States
District
Court
or the Eastern
District
of
irginia
respectfully
asks
or
an
Order
o
Seal
he criminal
complaint,
he supporting
affidavit
and
the
arrest
warrant
in
this
matter
as
well
as
this
Motion
o
Seal
and
proposed Order,
ntil
further
order
of
he
Court.
1.
REASONS
FOR
EALING
Local
Rule
49 B) 1))
1.
As
urther
described
in
the
affidavit
in
support
of
he criminal
complaint,
he
government
s
seeking
a
riminal
complaint
harging
SEITU
SULAYMAN
KOKAYI
ith
coercion
and
enticement
of
minor
in
violation
of
itle
18, United
States
Code,
ection
2242 b).
2.
Premature
disclosure
the
specific
details
of
his
ongoing
nvestigation
would
jeopardize the
investigation
including
by
allowing
Mr.
Kokayi
he opportunity
to
flee
destroy
evidence,
or
engage
n
acts
of
iolence
against
the
United
States
or
members of
he public
prior
to
his
impending
rrest.
Case 1:18-cr-00410-LMB Document 5 Filed 08/22/18 Page 1 of 3 PageID# 27
3.
The
United
States
has
onsidered
alternatives less drastic
than
ealing,
ncluding,
for
example,
he
possibility
of
edactions,
and
as
determined
that
none
would
uffice
to
protectthis
investigation.
Another
procedure
short
of
ealing
will
not
adequately
protect
the
needs
of
law
enforcement
t
this
time
because,
ue
o
the
sophistication
of
he
defendant
and
he
publicity
surrounding the
case,
no
ther
procedure
is
likely
to
keep
onfidential
the
fact that
Assange
has
been
charged.
11.
REFERENCES
TO
GOVERNING
CASE
L W
Local
Rule
49(B)(2))
4.
The
Court has
he inherent
power
o
seal
charging
documents.
United
States
V.
Wuagneux.
83
.2d
1343, 1351
(11 '
ir.
1982);
State
of
rizona
v.
Mavpennv.
72
.2d
761,
765
9 ^
Cir.
1982);
Times
irror
Comnanv
. United
States.
873
.2d
1210
9 '
ir.
1989);
see
also
Shea
.
Gabriel.
520
.2d
879
U*
ir.
1975);
United
States
v.
Hubbard.
50
.2d
293
(D.C.
ir.
1980);
n
re
Brauehton.
520
.2d
765,
766
9 ^
Cir.
1975).
The
rial
court
has
supervisory
power
over
ts
own
ecords
and
may,
n
ts
discretion,
seal
documents
f he
public's
right
of
ccess
is
outweighed
by
competing
nterests.
In
e
Knight
Pub.
o..
743
F.2d
231,
35
(4 ^
Cir.
1984).
Sealing
charging
documents
s
appropriate
where
there
s
a
ubstantial
probability that
the
release
of
he sealed
documents would
compromise
he
government s
ongoing
nvestigation
severely.
S^
^g.
In
e
Search
Warrant
or
Secretarial
Area
Outside
Office
of
unn. 55
.2d
569,
574
8 ^
Cir.
1988); Matter
of
ve
are
Phvsicians
of
merica.
100
.3d
514,
18
7 '
ir.
1996);
Matter
of
lower
Aviation
of
ansas.
nc..
789
.Supp.
366
D.
an.
992).
Case 1:18-cr-00410-LMB Document 5 Filed 08/22/18 Page 2 of 3 PageID# 28
III.
PERIOD
OF
IME
GOVERNMENT
EEKS
TO H VE M TTER
EM IN
UNDER
EAL
Local
Rule
49 B) 3))
5.
The
complaint,
upporting
affidavit,
and
rrest
warrant,
as
well
as
his
motion
and
the
proposed
order,
would
need
o
remain
ealed
until
Assange
s
arrested
in
connection with
he
charges
in the
criminal
complaint
and
can
herefore
no
onger
evade or
avoid
rrest
and
extradition
in
this
matter.
6.
Upon
ccurrence
of
he
event
pecified
in
paragraph
8,
ursuant to
Local
Rule
49 B) 3),
he
sealed
materials
will
be
utomatically
unsealed
and
handled
as such.
WHEREFORE
he
United
States respectfully
requests
that
the
criminal
complaint,
hesupporting
affidavit,
and
he
arrest
warrant
in
this
matter,
as
well
as
his
Motion
o
Seal
and
proposed
Order,
be
ealed
until
further
order
of
he Court.
Respectfully
submitted,
G.
achary
erwilliger
United
State^ ttorney
By
_i
Kellen
S.
Dwyer
Assistant
United
States
Attorney
Case 1:18-cr-00410-LMB Document 5 Filed 08/22/18 Page 3 of 3 PageID# 29