OK - US v. #GhislaineMaxwell jury selection Day 2, afternoon, Judge Alison Nathan (said to be nominated for 2d Cir Court of Appeals) questioning prospective Juror 128. Inner City Press is covering innercitypress.com/sdnytrial20max…
and will live tweet, thread below
Judge Nathan: I'll begin trial on Nov 29 and we estimate six weeks. Can you serve?
Juror: There might be a problem with my job.
Judge Nathan: But you'd still get paid?
Juror: Yes.
Judge Nathan: So it's feasible. You answered that you heard about Ms. Maxwell?
Juror: That she was Epstein's assistant.
Judge Nathan: Could you still be fair?
Juror: Yes.
Next prospective juror also wants to talk Epstein: "He was in Florida, then he was here across the street [meaning the now-empty MCC, across from the SDNY courthouse], and that he died."
Judge Nathan: Could you be fair?
Juror: Yes.
Numbers game:
Now Judge Nathan says, On November 29 we'll start with the first four qualified prospective jurors, for your to exercise peremptory strikes on.
Maxwell's counsel: Starting with the lowest numbers?
Judge Nathan: Yes.
Maxwell's counsel suggested starting from the higher numbers.
Judge Nathan: Why, other than you prefer higher numbers?
Maxwell's lawyer asks if the assignment of numbers was randomized.
Judge Nathan said she thinks so.
Judge Nathan: The peremptories will eat into our trial time. But we'll do them then go straight into opening statements.
Parties ask for a change.
Judge Nathan: I never do it but I will... Going out with a bang.
Judge Nathan: The first 40 will go to 1 courtroom, next 20 to a 2d, for social distancing.
[With COVID still obviously a factor, why is there no public call-in line?!?]
Judge Nathan: I'll have staff, if anyone answers they've heard about the case on social media.
Now an argument is made to Judge Nathan against Juror 27, who spoke about Maxwell's condition of confinement. "This juror obviously knows that the defendant is incarcerated. We would challenge this juror for cause."
Another argument: Most of them, if they've read about the case, know she's incarcerated.
Judge Nathan: Largely because of the defense motions... I'm getting a note from the Jury Department, that numbers were assigned randomly. I will get confirmation.
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OK - now Jane Doe v. Pamela Bondi in DC Circuit Court of Appeals, Inner City Press is covering a similar case in SDNY and will live tweet, thread here
DOJ lawyer: This Bureau of Prisons determination is not reviewable-
Q: But isn't it the determination of the President, in the Executive Order?
DOJ lawyer: The plaintiffs' position is not clear. The designations are in place
Q: There's someone not designated
Q: If they are saying there is nothing that could be done at a male facility that would remedy the Constitutional injury, doesn't that satisfy exhaustion?
DOJ lawyer: Booth says "some relief" - they seek to halt the transfers
OK - now at Lisa Cook v. Trump, seeking temporary restraining order against being removed from Federal Reserve Board for listing two residences as primary. Inner City Press covers the Fed (and courts) and will live tweet, thread below
[Programming note: the listed public access number for Cook v. Trump, after saying "Welcome to a Cisco meeting" & entering call ID - immediately hangs up. Or once said, "The meeting is over." They should have put audio on YouTube like DC Circuit. Will keep trying
[Finally got in]
Judge Cobb: Is it your position that Governor Cook is like an employee, with a property interest in the position, unlike an elected official? This is a unique position, it's not a Government employee--
OK - now in Chinese fentanyl case after trial, sentencing of Yiyi Chen. Inner City Press covered the trial (and post-trial, MDC photo defendant docketed last night below) and will live tweet, thread below innercitypress.com/sdny102rgardep…
[Sentencing proceeding was to start at 11:15 pm, but deputy said defendant Yiyi Chen, en route from MDC jail, was ten minute out. Now she's brought in by US Marshal, hair long.]
All rise!
Judge Gardephe: We are here for sentencing. I have read the PSR [sealed]
Judge: Late last night Mr. Kirton filed a submission [with photos] from the MDC
OK - now case about Alligator Alcatraz and detainees' access to lawyers there - Inner City Press will live tweet, thread below
[Trump Verdict book: amazon.com/Trump-Trial-Ma…
DOJ lawyer: All they are requesting in Count 5 is to identity which immigration court has jurisdiction over Alligator Alcatraz-
Judge Rodolfo Ruiz: I want to make sure that it is the government's decision to allocate the immigration decisions is permanent
[From the docket: US "designated Krome North Service Processing Center as the immigration court with administrative responsibility over Alligator Alcatraz detention facility. EOIR published this designation on its official public website: justice.gov/eoir/immigrati…
OK - now DC's lawsuit against Federal takeover of police, DDC Judge Ana Reyes asking how it would work. Inner City Press will live tweet, thread below
Judge Reyes: It can't be that the President can say, Mayor, the entire MDC has to do what I or any other Federal agency says.
DOJ lawyer: I think the statute is broad and not subject to judicial review
Judge Reyes: Why doesn't the Executive Order just track the language of the statute?
DOJ lawyer: If there's an issue with the writing of the Executive Order -
Judge Reyes: There is an issue
DOJ lawyer: A Temporary Restraining Order is not the right remedy
9:18 am
At defense table, Storm's lawyers Klein, Patton and Axel. Prosecutors' table is empty, like courtroom gallery. Updates in this thread as jury notes emerge: questions - and verdict? Book 2 90% ready to go. Watch this feed
9:35 am
All rise!
Judge Failla: The jury has sent us a note: Despite progress yesterday, and four days of deliberations, we are deadlocked on some -
What do the parties want me to answer?
AUSA Arad: We would like an Allen charge [telling the jury to try again