DOJ-OGR-00016733.jpg
573 KB
Extraction Summary
5
People
3
Organizations
1
Locations
1
Events
2
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
573 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-AJN, likely US v. Ghislaine Maxwell) filed on August 10, 2022. The dialogue involves Defense Attorney Ms. Menninger, The Court, and Government Attorney Ms. Moe discussing the procedure for a witness to invoke their Fifth Amendment rights. The Court and Defense agree that a simple letter or email from the witness's lawyer is insufficient to invoke these rights, and the Defense intends to ask for the subpoena to be enforced, requiring the witness to appear.
People (5)
| Name | Role | Context |
|---|---|---|
| Ms. Menninger | Defense Attorney |
Arguing regarding the enforcement of a subpoena and witness testimony.
|
| The Court | Judge |
Presiding over the procedural discussion regarding witness invocation of rights.
|
| Ms. Moe | Government Attorney (Prosecution) |
Stating the government's agreement with the Court's position.
|
| Unnamed Witness | Witness |
Subject of a subpoena who wishes to invoke the Fifth Amendment.
|
| Unnamed Lawyer | Counsel for Witness |
Sent a letter/email attempting to invoke the Fifth on behalf of their client.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Court reporting service listed in footer.
|
|
| The Government |
Referenced by Ms. Moe regarding their position on the legal matter.
|
|
| DOJ |
Department of Justice (implied by DOJ-OGR stamp in footer).
|
Timeline (1 events)
08/10/22
Court hearing regarding subpoena enforcement and Fifth Amendment invocation procedure.
Courtroom (Southern District)
Locations (1)
| Location | Context |
|---|---|
|
Likely SDNY (Southern District of New York) based on area code 212 and reporter name.
|
Relationships (2)
Menninger issued a subpoena to the witness which the witness wants withdrawn.
Key Quotes (4)
"I didn't think that an email from a lawyer was sufficient to invoke."Source
DOJ-OGR-00016733.jpg
Quote #1
"The Court is not in the business of just -- reading letters and then going out in the world and doing things. It's an adversary process. I act on applications."Source
DOJ-OGR-00016733.jpg
Quote #2
"we want your client to testify, and if you have an issue with enforcement of the subpoena, you should address it to the Court"Source
DOJ-OGR-00016733.jpg
Quote #3
"If they want the witness to come to court and invoke in front of the jury --"Source
DOJ-OGR-00016733.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,450 characters)
Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 4 of 197 2545
LCFCmax1
LCFCmax1
1 whether, in lieu of appearing and outside of the presence of
2 the jury, they invoke their Fifth, whether either a declaration
3 or a letter from counsel making a representation and the like,
4 I think the letter said you rejected that, if I remember
5 correctly.
6 MS. MENNINGER: No, your Honor. The lawyer requested
7 that we withdraw the subpoena and we said we're not withdrawing
8 the subpoena, we want your client to testify, and if you have
9 an issue with enforcement of the subpoena, you should address
10 it to the Court, and then the lawyer submitted that particular
11 letter to the Court. I didn't think that an email from a
12 lawyer was sufficient to invoke.
13 THE COURT: It didn't ask the Court to do anything.
14 The Court is not in the business of just --
15 MS. MENNINGER: I understand.
16 THE COURT: -- reading letters and then going out in
17 the world and doing things. It's an adversary process. I act
18 on applications.
19 MS. MENNINGER: Then we'll ask for the subpoena to be
20 enforced as to that witness, too.
21 THE COURT: Okay. Ms. Moe.
22 MS. MOE: Yes, your Honor. On that score, I wanted to
23 note the government agrees with the Court, I think the ball is
24 in defense counsel's court. If they want the witness to come
25 to court and invoke in front of the jury --
2 the jury, they invoke their Fifth, whether either a declaration
3 or a letter from counsel making a representation and the like,
4 I think the letter said you rejected that, if I remember
5 correctly.
6 MS. MENNINGER: No, your Honor. The lawyer requested
7 that we withdraw the subpoena and we said we're not withdrawing
8 the subpoena, we want your client to testify, and if you have
9 an issue with enforcement of the subpoena, you should address
10 it to the Court, and then the lawyer submitted that particular
11 letter to the Court. I didn't think that an email from a
12 lawyer was sufficient to invoke.
13 THE COURT: It didn't ask the Court to do anything.
14 The Court is not in the business of just --
15 MS. MENNINGER: I understand.
16 THE COURT: -- reading letters and then going out in
17 the world and doing things. It's an adversary process. I act
18 on applications.
19 MS. MENNINGER: Then we'll ask for the subpoena to be
20 enforced as to that witness, too.
21 THE COURT: Okay. Ms. Moe.
22 MS. MOE: Yes, your Honor. On that score, I wanted to
23 note the government agrees with the Court, I think the ball is
24 in defense counsel's court. If they want the witness to come
25 to court and invoke in front of the jury --
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00016733
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