DOJ-OGR-00016504.json 3.9 KB

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  4. "document_number": "761",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 21 of 246 2316 LCGVMAX1 necessary to make it part of a public record. THE COURT: All right. Why don't you work out -- Mr. Rohrbach, you think a finding other than Ms. Sternheim's -- you think a record beyond Ms. Sternheim's proffer that she has a positive COVID test, would the government -- you said the court has done this before; you mean a colleague has done it. I haven't done it. MR. ROHRBACH: My understanding is that before the COVID era, the Court may have done -- taken -- permitted a witness to testify remotely or at least considered the issue before. Maybe not permitted actually, your Honor. My understanding is in general that the courts follow the factors in Rule 15 for depositions in order to make this determination; and so the Court would have to find that witness is unavailable, that it's in the interest of justice before permitting it. THE COURT: Okay. And the government wants -- well, it seems to me if there's a positive COVID test -- MR. ROHRBACH: We would not resist that the witness is unavailable if there's a positive COVID test, your Honor. THE COURT: Okay. MR. ROHRBACH: To be clear, I don't think the government is resisting on any of those factors. Under Rule 15 we would -- and we could come back at a break and elaborate on exactly what the stretches are. We just would ask the Court to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00016504",
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  19. "content": "necessary to make it part of a public record. THE COURT: All right. Why don't you work out -- Mr. Rohrbach, you think a finding other than Ms. Sternheim's -- you think a record beyond Ms. Sternheim's proffer that she has a positive COVID test, would the government -- you said the court has done this before; you mean a colleague has done it. I haven't done it. MR. ROHRBACH: My understanding is that before the COVID era, the Court may have done -- taken -- permitted a witness to testify remotely or at least considered the issue before. Maybe not permitted actually, your Honor. My understanding is in general that the courts follow the factors in Rule 15 for depositions in order to make this determination; and so the Court would have to find that witness is unavailable, that it's in the interest of justice before permitting it. THE COURT: Okay. And the government wants -- well, it seems to me if there's a positive COVID test -- MR. ROHRBACH: We would not resist that the witness is unavailable if there's a positive COVID test, your Honor. THE COURT: Okay. MR. ROHRBACH: To be clear, I don't think the government is resisting on any of those factors. Under Rule 15 we would -- and we could come back at a break and elaborate on exactly what the stretches are. We just would ask the Court to",
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  33. "entities": {
  34. "people": [
  35. "Mr. Rohrbach",
  36. "Ms. Sternheim"
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  39. "SOUTHERN DISTRICT REPORTERS, P.C."
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  42. "dates": [
  43. "08/10/22"
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  47. "761",
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