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559 KB
Extraction Summary
4
People
2
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
559 KB
Summary
This document is a court transcript from August 10, 2022, detailing a discussion about allowing a witness to testify remotely via WebEx. Counsel argues the witness is unavailable due to a positive COVID test, referencing the case United States v. Al-Fawwaz. The court accepts the reason for unavailability and anticipates permitting the remote testimony.
People (4)
| Name | Role | Context |
|---|---|---|
| MS. STERNHEIM | Counsel |
Speaking in court, arguing for allowing a witness to testify remotely due to a positive COVID test and citing the cas...
|
| Al-Fawwaz |
Mentioned as a party in the legal case 'United States v. Al-Fawwaz'.
|
|
| MR. ROHRBACH | Counsel |
Speaking in court, recalling the Court's previous application of Rule 15 factors regarding remote participation.
|
| The Court | Judge |
Presiding over the hearing, questioning counsel, and indicating a decision to permit a witness to testify remotely.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| WebEx | Company |
Mentioned as the platform through which a witness would testify remotely.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Identified as the court reporting service at the bottom of the page.
|
Timeline (1 events)
2022-08-10
A discussion was held to determine if a witness who tested positive for COVID could testify remotely via WebEx.
Courtroom (implied)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as a place a witness with COVID would be unable to enter.
|
Relationships (2)
Ms. Sternheim is counsel presenting an argument to the judge (The Court) during a legal proceeding.
Mr. Rohrbach is counsel addressing the judge (The Court) as 'your Honor' during a legal proceeding.
Key Quotes (3)
"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."Source
— MS. STERNHEIM
(Arguing that the witness is unavailable to testify in person due to a positive COVID test.)
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Quote #1
"I think the unavailability on the defense's proffer is established."Source
— THE COURT
(Acknowledging that the reason for the witness's unavailability is valid.)
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Quote #2
"I anticipate this witness will be permitted to testify by WebEx."Source
— THE COURT
(Stating the likely ruling on the matter of remote testimony.)
DOJ-OGR-00013881.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,399 characters)
Case 1:20-cr-00330-PAE Document 761 Filed 08/10/22 Page 22 of 246 2317
LCGVMAX1
LCGVMAX1
1 make the full record of the reasons for permitting the witness
2 to testify through WebEx.
3 THE COURT: Okay.
4 You don't disagree with that, do you?
5 MS. STERNHEIM: No. But I would just note that in the
6 case that I've cited, United States v. Al-Fawwaz, there was
7 less of a showing in that case as to the unavailability of the
8 witness who was available to come to the site where he was
9 deposed by myself and government counsel.
10 Here, we do have a definitive positive test for COVID,
11 and I think that speaks for itself. He certainly would not
12 even be able to get on a plane, let alone enter the United
13 States.
14 THE COURT: I think the unavailability on the
15 defense's proffer is established. So why don't you work out
16 the -- if a further record is required and logistics. I don't
17 think I let a witness testify remotely. I let a juror
18 deliberate remotely.
19 MR. ROHRBACH: I think the Court is right. I think
20 the Court considered and applied the Rule 15 factors, but did
21 not allow the witness to testify remotely is my recollection,
22 your Honor.
23 THE COURT: I'll look at it. But I anticipate this
24 witness will be permitted to testify by WebEx. So you'll work
25 out what we need to do to effectuate that.
2 to testify through WebEx.
3 THE COURT: Okay.
4 You don't disagree with that, do you?
5 MS. STERNHEIM: No. But I would just note that in the
6 case that I've cited, United States v. Al-Fawwaz, there was
7 less of a showing in that case as to the unavailability of the
8 witness who was available to come to the site where he was
9 deposed by myself and government counsel.
10 Here, we do have a definitive positive test for COVID,
11 and I think that speaks for itself. He certainly would not
12 even be able to get on a plane, let alone enter the United
13 States.
14 THE COURT: I think the unavailability on the
15 defense's proffer is established. So why don't you work out
16 the -- if a further record is required and logistics. I don't
17 think I let a witness testify remotely. I let a juror
18 deliberate remotely.
19 MR. ROHRBACH: I think the Court is right. I think
20 the Court considered and applied the Rule 15 factors, but did
21 not allow the witness to testify remotely is my recollection,
22 your Honor.
23 THE COURT: I'll look at it. But I anticipate this
24 witness will be permitted to testify by WebEx. So you'll work
25 out what we need to do to effectuate that.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00013881
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