Thread by @innercitypress

OK - #MaxwellTrial Day 1 begins with Judge Nathan explaining how she'll questioning the remaining prospective jurors. As Inner City Press requested and has been denied, no public call-in line storage.courtlistener.com/recap/gov.usco… Will live tweet, thread below

https://twitter.com/innercitypress/status/1464630708505358340

Judge Nathan: We will seat the jurors, taking into account which one are unvaccinated if there are any.
[Given COVID / Omicron, should the denial of Inner City Press' two requests for public call-in line be revisted / reversed? storage.courtlistener.com/recap/gov.usco…

Judge Nathan: I want to address the request that was put in yesterday about video.
[Note: there is nothing in the public docket yet that is listed as filed yesterday

Going on now: lengthy discussion of how to make sure public and press don't see certain exhibits.
Opening statements, promised for today, are a looong way off.
Judge Nathan: If we have to we'll do it the old fashioned way, with paper.

Judge Nathan: We still have a few more jurors coming in through the security line.
Question: Which are the overflow rooms?
Judge Nathan: For the jurors, you mean? It's the fifth floor and the first floor. Again, jurors are still going through the security check

Judge Nathan: On the peremptory challenges, you could alternate one-one.
Both sides: The typical way is fine.
Judge Nathan: I'm reminded, if we have jurors for me to inquire, we'll have them in the jury box and use a hand-held mic

Judge Nathan: Mr. Pagliuca, can you give me a tutorial on how to say your name?
Jeffrey S. Pagliuca: It's Paliuca. The "G" is silent like in lasagna.
Judge Nathan: There is an issue the parties briefed over the weekend that the parties wanted sealed.

Judge Nathan: So we'll discuss it at sidebar.
[Unable to hear and live tweet - concerns a witness Judge Nathan is permitting to testify under pseudonym]

Judge Nathan [after lengthy whispered sidebar which not yet summarized for the public record] - The information I'm getting is that there are three jurors who are not yet accounted for on the security line.

[Note - while Inner City Press' 2 request for public call-in line for US v #GhislaineMaxwell has been denied, right now another criminal proceeding, in lower profiled Jan 6 / Capitol breach case in DDC, is taking place will call-in line:

https://twitter.com/innercitypress/status/1465323572457574406

Judge Nathan: So the one juror on the fifth floor who's not here, we've not been able to reach and we've left a message. The two on the first floor, one of the jurors forgot.
[Some laughter.]

Judge Nathan: So let's take the next juror on the 1st floor. Not present are jurors 117, 169 and 273. We'll move juror 170 from the first floor to the fifth floor.

Judge Nathan: Counsel do you want to have someone go to Courtroom 506 since we're nearly at that stage?
[After a time]
Assistant US Attorney Alison Moe: Your Honor, they didn't let me into the courtroom.
Judge Nathan: I assume you have your government credentials?

AUSA Moe: Yes.
Judge Nathan: Good to know we have security. Go down again, we'll make sure you can get it.
[Pause]
Ladies and gentlemen of the jury, welcome to the third and final step of selecting a jury. I'm going to ask 2 questions. If yes, raise your hand.

Judge Nathan: Since you were here, have your discussed the case? And do you feel you could not be a fair and impartial juror? Raise your hand or sit quietly until I give you further direction.

Judge Nathan: One juror has said yes, and should come up. Thank you for your patience.
OK counsel, only one hand, a juror on the fifth floor, number 87.

Judge Nathan: Juror 87, you had a yes answer?
Juror 87: I was asked about it.
Judge Nathan: Do you cut them off?
Juror 87: I tried.
Judge Nathan: I will excuse you. The Jury Department will tell you how to check out.

[After a time]
Judge Nathan: The selected jurors are: 2, 7, 26, 29, 37, 48, 49, 50, 58, 70, 89, 119, 124, 125, 149, 151, 152 and 170. If you number was called, gather your belongings and follow instructions to the jury room.

Judge Nathan: We'll swear them in and see if we can get both opening statement in before lunch.
Government opening estimated at 25 minutes.
Maxwell's opening: "We'll try to under an hour."

After a time:
Judge Nathan: One juror has indicated financial hardship - their employer gives so much paid time for jury service and four days have already been used up. Another juror says their spouse has surprised them with a trip. I'm looking into it.

Maxwell's counsel: Like some of your colleague judges, you could call the employer and urge them to expand their policy.
AUSA: Government has no objection.
[Note: It was @SDNYLIVE Judge Edgardo Ramos, and Inner City Press covered it, see InnerCityPress.com

Judge Nathan: The other juror, their spouse surprised them with a trip Dec 25-28. We're supposed to be sitting two of those days. I'll check to see if there's any potential flexibility there.

[While waiting, if memory serves, during this Fall's trial in US v. Neil Cole of Iconix, as deliberation stretched on leading to mistrial on various counts, Judge Ramos called an employer and got the juror more time. My Cole trial song : )

https://twitter.com/innercitypress/status/1444696091740549128

Judge Nathan: The juror with the trip won't say if it's moveable. I say we charge ahead and count on it being moveable. I'm not inclined to not sit that week.
[Wag's stray question: When is Judge Nathan's confirmation hearing for 2d Circuit Court of Appeals seat?]

Judge Nathan: I just spoke with Human Resources at the entity where the juror works and was told the policy is only two weeks paid. I urged it be extended and gave them ten minutes. Now let's put the juror with a trip on the stand.
Parties: Let's bring back 181.

Judge Nathan: The employer has said they don't have an answer yet, they might in an hour. We could move forward with another juror & dismiss this one. Or we could wait.
AUSA: The government proposes to seat the 7th alternate.
Maxwell's lawyer: We'd prefer to wait.

Judge Nathan: I'm not sure we can move the lunch break up - I think it's pre-programmed for 1 pm.
[To jurors] It remains possible we will call on more of you, I will provide additional information as soon as I have it. Thank you very much.

Judge Nathan: It has been resolved. So I'll call the jurors in and swear them in - then send them back into the jury room for their lunch.
[Presumably, opening statements after that: US 25 minutes, Maxwell's lawyers "less than an hour." Watch this feed.]

Judge Nathan: The juror was happy to hear [that more than 2 weeks' pay for jury service will be paid.] I'm ready to thank those others, though they won't actually be dismissed until the swear the jurors in.
On behalf of the Southern District of NY, thank you.

Judge Nathan: There are some jury seating changed made, based on [non] vaccination issues. We'll let the parties know which juror is seated where.
Please swear them in.
"I do." - many, muffled.
Judge Nathan: Here are some preliminaries. First, opening statements.

Note: Judge Nathan's instructions are over, and the jurors have been given 45 minutes for lunch. Inner City Press headed out into Foley Square - light snow, for a moment - to continue reporting. Watch this handle: openings at 2 pm or so

Programming note: starting a new thread for the US v. #GhislaineMaxwell opening arguments, head on over:

https://twitter.com/innercitypress/status/1465395758920876041