DOJ-OGR-00014110.json 3.8 KB

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  4. "document_number": "763",
  5. "date": "08/10/22",
  6. "document_type": "court transcript",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 4 of 197 2545 LCFCmax1\nwhether, in lieu of appearing and outside of the presence of the jury, they invoke their Fifth, whether either a declaration or a letter from counsel making a representation and the like, I think the letter said you rejected that, if I remember correctly.\nMS. MENNINGER: No, your Honor. The lawyer requested that we withdraw the subpoena and we said we're not withdrawing the subpoena, we want your client to testify, and if you have an issue with enforcement of the subpoena, you should address it to the Court, and then the lawyer submitted that particular letter to the Court. I didn't think that an email from a lawyer was sufficient to invoke.\nTHE COURT: It didn't ask the Court to do anything. The Court is not in the business of just --\nMS. MENNINGER: I understand.\nTHE COURT: -- reading letters and then going out in the world and doing things. It's an adversary process. I act on applications.\nMS. MENNINGER: Then we'll ask for the subpoena to be enforced as to that witness, too.\nTHE COURT: Okay. Ms. Moe.\nMS. MOE: Yes, your Honor. On that score, I wanted to note the government agrees with the Court, I think the ball is in defense counsel's court. If they want the witness to come to court and invoke in front of the jury --\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014110",
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  19. "content": "whether, in lieu of appearing and outside of the presence of the jury, they invoke their Fifth, whether either a declaration or a letter from counsel making a representation and the like, I think the letter said you rejected that, if I remember correctly.\nMS. MENNINGER: No, your Honor. The lawyer requested that we withdraw the subpoena and we said we're not withdrawing the subpoena, we want your client to testify, and if you have an issue with enforcement of the subpoena, you should address it to the Court, and then the lawyer submitted that particular letter to the Court. I didn't think that an email from a lawyer was sufficient to invoke.\nTHE COURT: It didn't ask the Court to do anything. The Court is not in the business of just --\nMS. MENNINGER: I understand.\nTHE COURT: -- reading letters and then going out in the world and doing things. It's an adversary process. I act on applications.\nMS. MENNINGER: Then we'll ask for the subpoena to be enforced as to that witness, too.\nTHE COURT: Okay. Ms. Moe.\nMS. MOE: Yes, your Honor. On that score, I wanted to note the government agrees with the Court, I think the ball is in defense counsel's court. If they want the witness to come to court and invoke in front of the jury --",
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  24. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  29. "content": "DOJ-OGR-00014110",
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  33. "entities": {
  34. "people": [
  35. "MS. MENNINGER",
  36. "THE COURT",
  37. "MS. MOE"
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  39. "organizations": [
  40. "SOUTHERN DISTRICT REPORTERS, P.C."
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  43. "dates": [
  44. "08/10/22"
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  46. "reference_numbers": [
  47. "1:20-cr-00330-PAE",
  48. "763",
  49. "DOJ-OGR-00014110"
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