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 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
As of 9:06 pm, Storm's lawyer Axel and another at defense counsel's table, courtroom gallery behind them empty
Inner City Press daily vlog coming, this thread will be updated as things happen - notes? verdict? Manicure?
Watch this feed
9:35 am
The prosecutors have come into the courtroom; also Storm's lawyers Patton and Klein.
AUSA Mosley reads out loud, "do the sanctions," then voice trails off.
It would appear there has been another note, but it has not been read into the record yet
As counsel on both side sit at their table waiting for the next jury note, here's letter that the defense put in about the transcripts jurors have request so far: "transcripts therefore should reflect exactly what the jury heard" - including sealed Dragonfly Q&A?
Still waiting on jury, only Axel and Storm at defense table; Judge Failla has ruled for US on transcript redactions except "regarding a portion of Mr. Werlau's testimony, the response "It wasn't me" should not be redacted because objection [was on] another issue"
[Judge's courtroom deputy came out with a draft of Judge's proposed response to jury. Storm's lawyer Axel: Can I can a photo? Roman Storm reads over her shoulder. Unlike his lawyers (other than Axel) he is not in a suit jacket. Big day...
All rise!
Judge: The jury has asked, Did the Gov't have to submit proof of the charges to get indictment? I don't think this is something they should be asking about. I propose to answer, You are not to consider how the US got the indictment
OK - now at Liner Freedman v. Blake Lively, case about Lively's subpoena on Bryan Freedman's firm which represents Justin Baldoni (and is trying to quash the subpoena). Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DWC8BH55
2:10 pm
All rise!
Judge: I'll hear on the motion to quash the subpoena.
For Liner Freedman, Ellyn S Garofalo: The Lively parties cite cases where opposition counsel was involved in resolved lawsuits or were involved in the matters are issue. Not the case here
Liner Freedman's Garofalo: Here, they allege an "untraceable" smear campaign. Whether the Liner firm has any relevant documents about communications with content creators is in dispute-
Judge: One might say if there's a dispute, there can be discovery, if relevant