Judge to D'Souza: Don't film your probation

NEW YORK—In his final in-person hearing before District Judge Richard Berman in Manhattan, conservative author and filmmaker Dinesh D’Souza agreed not to film any part of his probation sentence. The hearing mostly consisted of the judge and D’Souza’s probation officer reminding him not to do interviews or media about his case during his probation.

Breitbart News reported last week that D’Souza had said in an interview he would film his community service. Berman said D’Souza would be violating his probation if he filmed his community service or confinement. In court on Wednesday, D’Souza’s lawyer claimed the Breitbart report was false.

“Mr. D’Souza had never discussed the possibility of filming his confinement or teaching,” Benjamin Brafman said. “He understands the restrictions and he’s complying to the best of his ability.”

Judges take probation violations very seriously and breaking the rules could lead to jail time for D’Souza.

In May, D’Souza pleaded guilty to orchestrating $20,000 in straw donations for the U.S. Senate campaign of an old friend, Republican Wendy Long. The crime carried a sentence guideline of 10 to 16 months in prison. In late September, Berman sentenced D’Souza to eight months in a community confinement center in San Diego, Calif., to start his five years of probation, along with community service, therapeutic counseling, and a fine of $30,000.

The Bureau of Prisons (BOP) runs the confinement center where D’Souza has been since Oct. 2, but he can come and go during the day. During the eight months at the community confinement center, the judge said D’Souza will not be able to travel out of the San Diego area. For his community service, D’Souza began teaching an ESL class at a Catholic school. The judge asked D’Souza how the classes were going, and D’Souza said he is “thrilled to be doing it.”

Berman also ordered D’Souza to have a psychological evaluation before his therapeutic counseling begins.

Calling into the hearing on speakerphone from California, D’Souza’s probation officer, Kathy Schwarte, mentioned the BOP typically has to approve any media requests for residents at its confinement center. Because D’Souza is receiving so many requests in connection to his latest film America, the BOP asked the probation officer to handle them. Schwarte said she planned to allow D’Souza to do interviews as much as he wanted as long as he checked in with her about it on a weekly basis. Berman told D’Souza not to do interviews at the confinement center or during his community service.

“I encouraged him to be very factual and not inflammatory toward the court,” Schwarte said.

Brafman promised his client wouldn’t discuss his situation: “Mr. D’Souza has no intention of doing media about this case or his confinement.”