DOJ-OGR-00013881.json 3.7 KB

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  3. "page_number": "22",
  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 22 of 246 2317 LCGVMAX1 make the full record of the reasons for permitting the witness to testify through WebEx. THE COURT: Okay. You don't disagree with that, do you? MS. STERNHEIM: No. But I would just note that in the case that I've cited, United States v. Al-Fawwaz, there was less of a showing in that case as to the unavailability of the witness who was available to come to the site where he was deposed by myself and government counsel. Here, we do have a definitive positive test for COVID, and I think that speaks for itself. He certainly would not even be able to get on a plane, let alone enter the United States. THE COURT: I think the unavailability on the defense's proffer is established. So why don't you work out the -- if a further record is required and logistics. I don't think I let a witness testify remotely. I let a juror deliberate remotely. MR. ROHRBACH: I think the Court is right. I think the Court considered and applied the Rule 15 factors, but did not allow the witness to testify remotely is my recollection, your Honor. THE COURT: I'll look at it. But I anticipate this witness will be permitted to testify by WebEx. So you'll work out what we need to do to effectuate that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00013881",
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  14. "content": "Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 22 of 246 2317 LCGVMAX1",
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  19. "content": "make the full record of the reasons for permitting the witness to testify through WebEx. THE COURT: Okay. You don't disagree with that, do you? MS. STERNHEIM: No. But I would just note that in the case that I've cited, United States v. Al-Fawwaz, there was less of a showing in that case as to the unavailability of the witness who was available to come to the site where he was deposed by myself and government counsel. Here, we do have a definitive positive test for COVID, and I think that speaks for itself. He certainly would not even be able to get on a plane, let alone enter the United States. THE COURT: I think the unavailability on the defense's proffer is established. So why don't you work out the -- if a further record is required and logistics. I don't think I let a witness testify remotely. I let a juror deliberate remotely. MR. ROHRBACH: I think the Court is right. I think the Court considered and applied the Rule 15 factors, but did not allow the witness to testify remotely is my recollection, your Honor. THE COURT: I'll look at it. But I anticipate this witness will be permitted to testify by WebEx. So you'll work out what we need to do to effectuate that.",
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  33. "entities": {
  34. "people": [
  35. "MS. STERNHEIM",
  36. "MR. ROHRBACH"
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  38. "organizations": [
  39. "SOUTHERN DISTRICT REPORTERS, P.C."
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  41. "locations": [
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  44. "dates": [
  45. "08/10/22"
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  49. "761",
  50. "DOJ-OGR-00013881"
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