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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All rise!
Judge Subramanian: Good morning. Everyone in the room has already filled out a questionnaire about the case. I will be asking you additional questions - some may be about topics difficult to discuss with strangers. Each side has peremptory challenges
Judge: You have received a list of questions. You will be escorted to Courtroom 26B, then brought one by one back here into Courtroom 26A... You will be shown a list of people and places. If you are not selected, thank you for your service. OK, let's begin
All rise!
Judge Subramanian: I have composed a list of prospective jurors who, based in their questionnaire answers, I don't proposed to do individual Q&A with. The list of people and place is so long, I though it was an appendix to Lord of the Rings
[laughter]
Assistant US Attorney: Why don't we have the next juror in line review the binder with court staff, to save that time?
Judge: OK
AUSA: We have given two copies of the binder to your staff.
Judge Subramanian: I assume we'll soon get the thumbs up jurors are ready
All rise!
Judge Subramanian: So we have a slew of motions, we'll go through them, then other issues the parties would like to address. Let's start with summary charts at Docket 203 - have you worked that out to moot it?
AUSA: We'll give drafts early
Comb's lawyer Alexandra Shapiro: We will raise issues about specific charts.
Judge: I agree, I'll need to look at them one by one, on a line item basis. So 203 is denied as moot. Now 205, Doctor Hughes. Granted in part and denied in part. Coercive control is out
OK - now at Alien Enemies Act hearing in SDNY on continuing injunction. US has asked to decertify the class - Judge Hellerstein denies it. Inner City Press will live tweet, thread below
Judge Hellerstein: Absent these decisions, people would be removed. Justice Sotomayer has shown the preparations the Government made to remove people. That there would be irreparable harm is obvious. The jails in El Salvador are not appetizing to say the least
Judge Hellerstein: Senator Hollen went and made findings about the conditions... The Supreme Court freezing things will allow the courts to consider these things without danger
DOJ lawyer: The Government disagrees. Aliens are removed all the time
[Sean Combs is brought in by US Marshals - he hugs lawyer, blows kisses at the gallery. Proceeding has still not begun as of 11:17 - thread will continue below
All rise!
Judge Subramanian: I'm going to go through the items, then both sides will have an opportunity to react. I'm previewing for you I'll want to hear about the motion to exclude the two experts.
AUSA: Two victims were 2003, the charge runs from 2004
OK - now after Charlie Javice found guilty she is arguing to NOT have GPS location monitor put on pending her sentencing - Inner CIty Press wrote the book Fintech Fraudster and will live tweet, thread belowamazon.com/Fintech-Frauds…
All rise!
Judge Hellerstein: I've read the papers.
Javice's lawyer Sullivan: Yes she is a dual citizen but there's no chance she'll flee to France. They have taken her passport. Let me hand you an exhibit about pilates.
Judge: I've had defendants jump bail in the middle of trial. I can't rule out the possibility of flight here. She's never been in this spot before.
Javice's lawyer: She'll be here in August [for sentencing]