Harvard Law School professor emeritus and constitutional law expert Laurence Tribe on Tuesday filed an affidavit supporting FTX founder Sam Bankman-Fried’s position that he should not be detained pretrial, a move sought by prosecutors after Bankman-Fried allegedly leaked parts of a key witness’ diary to the media.

Tribe raised First Amendment concerns, emphasizing that Bankman-Fried has an affirmative right to speak to the press ahead of his trial, which is scheduled for early October.

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