A federal judge denied Sam Bankman-Fried's request for a new trial, calling his claims of DOJ witness intimidation "wildly conspiratorial" and unsupported by the record. Judge Lewis Kaplan said (PDF) the FTX founder's motion appeared tied to a pre-indictment plan to recast himself as a Republican victim of Biden's DOJ in hopes of gaining sympathy, leniency, or even a Trump pardon. Ars Technica reports: Bankman-Fried was sentenced to 25 years in prison in 2024 for "masterminding one of the largest financial frauds in American history," US District Judge Lewis Kaplan wrote in his order. He was convicted on all charges, including wire fraud, conspiracy to commit securities fraud, commodities fraud, and money laundering. There is already an appeal pending in another court, the judge noted. But Bankman-Fried filed a separate motion for a new trial, claiming that there were "newly discovered" witnesses and evidence that might have helped his defense, if Joe Biden's Department of Justice hadn't intimidated them into refusing to testify or, in one case, lying on the stand. He also asked for a new judge, wanting Kaplan to recuse himself. However, Kaplan pointed out that "none of the witnesses" were "newly discovered." And more concerningly, Bankman-Fried offered no evidence that the witnesses could prove the "wildly conspiratorial" theory the FTX founder raised, claiming that their absence at the trial was a "product of government threats and retaliation," the judge wrote. Bankman-Fried's theory is "entirely contradicted by the record," Kaplan said. He emphasized that granting Bankman-Fried's request "would be a large waste of judicial resources as it could require another judge to familiarize himself or herself with an extensive and complicated record." Additionally, all three witnesses that Bankman-Fried claimed could give crucial testimony in his defense were known to him throughout the trial, and he never sought to compel their testimony. And the "self-serving social-media posts" of one witness who now claims that he lied when testifying against Bankman-Fried -- "Ryan Salame, who pleaded guilty" -- must be met with "utmost suspicion," Kaplan said. "If one were to take Salame at his current word, he lied under oath when pleading guilty before this Court," Kaplan wrote. Even if taken seriously, "his out-of-court, unsworn statements could not come anywhere close to clearing the bar to warrant a new trial," Kaplan said, deeming Salame's credibility "highly questionable." Further, "even if these individuals had testified for Bankman-Fried, his protestations that one or more of them would have supported his claims that FTX was not insolvent and that his victims all were compensated fully in the bankruptcy proceedings are inaccurate or misleading," Kaplan concluded. In the order, Kaplan's frustration seems palpable, as there may have been no need for him to rule on the motion at all after Bankman-Fried requested to withdraw it. But the judge said the ruling was needed after Bankman-Fried waited to file his withdrawal request until after the DOJ and the court wasted time responding and reviewing filings, the judge said. Troublingly, Bankman-Fried's request to withdraw his request without prejudice would have allowed him to potentially request a new trial after the appeal ended. Based on the substance of the filing, that risked wasting future court resources, Kaplan determined. To prevent overburdening the justice system, Kaplan deemed it necessary to deny Bankman-Fried's motion and request for recusal, rather than allow him to withdraw the filing without prejudice.

Read more of this story at Slashdot.

Elon Musk testified on day two of his trial against OpenAI, saying he helped create the company as a nonprofit counterweight to Google and would not have backed it if the goal had been private profit. CNBC reports: Musk on Tuesday was the first witness called to testify in the trial. He spoke about his upbringing, his many companies, his role in founding OpenAI and his understanding of its structure. Musk said in his testimony that he was not opposed to the creation of a small for-profit subsidiary, "as long as the tail didn't wag the dog." Musk said he was motivated to start OpenAI to serve as a counterweight to Google. He got the idea after an argument he had with Google co-founder Larry Page, who called Musk a "speciesist for being pro-human," he testified. "I could have started it as a for profit and I chose not to," Musk said on the stand. Earlier, attorneys for Musk and OpenAI presented their opening arguments to the jury. Musk's lead trial lawyer, Steven Molo, delivered the opening statement for the Tesla and SpaceX CEO. OpenAI lawyer William Savitt gave the opening statement for the AI company, Altman and Brockman. OpenAI has characterized Musk's lawsuit as a baseless "harassment campaign." The company said Monday in a post on X that it "can't wait to make our case in court where both the truth and the law are on our side." During his testimony on Tuesday, Musk repeatedly emphasized that he founded OpenAI to serve as a counterweight to Google. He said he got the idea after an argument about AI safety with Google co-founder Larry Page, who Musk said called him "a speciesist for being pro-human." Musk said he was concerned Page was not taking AI safety seriously, so he wanted there to be an nonprofit, open source alternative to Google. "I could have started it as a for profit and I chose not to," Musk said on the stand. Further reading: Elon Musk and OpenAI CEO Sam Altman Head To Court

Read more of this story at Slashdot.