Thread by @innercitypress

OK - now US v. Buyer criminal proceeding, former Congressman charged with insider trading on #TMobile merger, Inner City Press covered this first appearance in & outside of @SDNYLIVE court and will live tweet, thread below

https://twitter.com/innercitypress/status/1552419070942789632

Assistant US Attorney: We are producing discovery, including early Jencks Act material. Still outstanding are the laptop computer that was seized from the defendant under a search warrant. We've produced the entire contents, but not the responsive set

AUSA: There's an issue with the format in which the laptop was initially imaged. And, the files will need to be subjected to a filter review. We've conferred with the defense about conducting the filter. There are outstanding subpoena returns

AUSA: We've had preliminary discussions about when to hold a trial. Defense hasn't yet told us when they'd be prepared to file motions.
Judge Richard Berman: Let's hear from the defense.
Buyer's lawyer: On the laptop, we want to talk to the filter team leader

AUSA: The role of the filter team is to go into data sets & segregate out the materials that are search term hits for potentially privileged communications. Talking about the screen is done with the prosecutors, not the filter team, it would be inefficient for her

AUSA: We understand that Mr. Alonso wants to speak to her. He has proposed to us some search terms and we've passed them along or will do so shortly. But we don't understand why we should put defense counsel into direct contact with the filter team.

Judge Berman: I'll give you the last oral world, Mr. Alonso.
Alonso: We talk to DOJ filter teams all the time. I'm in touch with one in DC right now. We have serious questions in this case whether the filter team has the same view. We'd like to reduce wear n' tear

Judge Berman: You can send me a 2 page letter, Mr. Alonso. I'll give you my determination by memo endorsement. By when?
Alonso: Friday.
Judge Berman: Noon?
Alonso: End of business, if possible.
Judge Berman: 5 pm. US response Tuesday at noon.

Alonso: I have another issue. The US gave us 3 sets of warrants. I don't know if the first set involve the filter team?
AUSA: My understanding is that a filter team was involved. But the Internet service provider warrant were when the investigation was covert.

2d Defense counsel: We'd like a trial just after Thanksgiving.
Judge Berman: That's not going to work for the Court. We have a big trial. We're looking at February. That's going to be the best I can do, I think.

2d Defense counsel: If your other case breaks down, we could give you January dates. In February, I cannot do it before the 20th. Once we have the trial date we can work backwards on a schedule.
Judge Berman: Always helpful to have the dates.

Next is Wednesday, Dec 7 at 11 am.
Defense: We prefer in-person.
Judge Berman: I'll try.
AUSA: If you can make an oral finding under the CARES Act?

Judge Berman: I'm making that finding now. I got an email this morning for a ceremonial proceeding in the courthouse with respect to one of our learned colleagues. There's a discussion of testing and masks and social distancing. So it's still an issue..

AUSA: Any date after Feb 20 is fine with us. Nov was a problem for us, but it is for the court as well. Our case would be two weeks or more.
Defense: Three weeks total, assuming the US doesn't take up much of the 3d week.
AUSA: Let's exclude Speedy Trial Act time

Judge Berman: I'm going to grant that application. I think that's it.
Adjourned.
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