WEBVTT

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Fold freaking.

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And when members of those whowere killed on nine eleven.

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Uh you given a strike this weekyou've helped us remember of

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the eight of you came down.

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I made the trip.

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You've given us the or use ofthose you've loved and lost.

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And through your where you are memories.

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Of their Determination.

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Their strength and theirsacrifice you.

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Inspired us.

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Um and then I also wish to greetthose who may be up and the

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the fit in family member sites inthe continental United States.

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Course also welcome.

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Of the media and the Differenta private group to are here.

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Um all i've given you know of my notesfrom the session this week.

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In the Open it up for questions.

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Uh after final commentthis we talk about.

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This case an which I anticipatewe will uh.

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The accused are presumed innocentmust until proven guilty and

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the charges against themor merely. Accusations.

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Can I take a question. About.

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Just Yeah in. That.

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That's my office.

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If a hundred thousand.

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Yeah about one five for thething out to the house.

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Yeah. The that this is all coveredunder a a bee can't there's

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a communications management moreoverthat was issued by the judge.

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Which Builds upon.

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Regulations that the facilitycommander has in place.

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In every important respect.

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These are.

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Why the special administrativemeasures that are used in our

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bureau of prisons.

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And why and detaining.

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Individuals deemed by the attorneygeneral to require.

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Such special administrative measures andincludes communications management.

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Uh you will not see letters from.

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A bowl Rosman.

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In immediate you won't see them.

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I'm leaving here so.

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Of those are in every important respectthe the regulations here.

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There is litigation over them.

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Uh and all the that that that.

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This is now what are.

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Those. That's good.

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He. We all that's it.

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Right. Yeah you the communicationfor careful. We manage.

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There's communications managementunits and terra haute Indiana.

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Uh and and those restrictions.

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Balanced very important. Concerns.

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Of Security.

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Fair guess access to counsel lee's.There's there are things

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that worked here are thathave to be balanced.

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And the special administrative measuresrecognize that the judges

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were in.

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A couple of exhibiting team recognizesthat we just muesli that

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the As for.

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Right yeah.

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Yeah you're going.

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The on just pointing out the specialadministrative measures

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within the bureau prison system include.

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Ways of in shoring that. Communications.

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Are managed it's called a communicationsmanagement unit this

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seeing you.

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Um. To in sure of that that's securityconcerns are balanced

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appropriately with all those othersettings are confinement must

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that none of which is to ensurepeople have access to counsel.

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And representations.

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So no I wasn't saying that but I'm sayingin every important respects.

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The restrictions here.

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Matched those in special administrativemeasures and if you read

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the litigation and that and thesubmissions of both sides will

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see that that of a lot of people aretaken painstaking care tried out.

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And sure all of these importantvalues are reflected.

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But but security is an gonnabe dispense worse.

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Um as result a loose.

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The show.

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Successful with emotional releaseearlier this week were you

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surprised about the judges of me.

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Expected to visit shoes.

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Surprises in the uh do surprise.

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Idea take one day at a time.

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We you know.

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We Dedicated a position mr. Playtrue that prison and I believe

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our position.

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Forcefully and well.

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Uh it's a sharply adversarial process.

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And the judge made ruling and will.

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Um will deal with.

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A every day ahead under the rulesWall and in accordance with

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those rulings doesn't mean we won'tsometimes challenge shrinks

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because those are the rights ofthe government just as they are

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of the It's used to boast partiesall parties are entitled to

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solace representations.

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But to

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But as of now that the results likeannounces the mister be no

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shade was.

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Back with the other foreign. Litigation.

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This song.

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This is.

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A letter to.. Muted.

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Muted. And it's too soon to sayhow you know this crime shows

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and on this show but maybe it's.

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Just so I'm really to for for thewhole to 90 to litigation.

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And I'm happy to talk a littlebit about discovery and access

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to information. I know thatso an interesting.

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Burn interest the use of.

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Cheered by members of the medium.

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We have discovery obligations inevery way again that we're those

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of prosecutors riled or just cyst prosecutorhas and working rolled.

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Of Turning over.

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Information all information.

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That views.

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That is within the possession customcontrolled. The government.

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Uh and that is.

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Either material to the preparationof the difference.

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You're were intended foruse by the prosecution.

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In its case and she.

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The letter.

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My in the marrying over indian artperson of that has been turned

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over there a few.

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Things that are still working theirway through the final the

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classification and somethings we actually.

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Come across we have a continuingduty of discovery but.

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Um that's your we've we've turned over200 90000 pages of discovery.

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That some clout that theuse of plus phone.

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That we're also have the obligationmovie turnover.

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Uh and solos to under 90000 a gooddeal of it relates to this

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material to the preparationwith the fans.

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Uh and let me just say with regardto intended for use by a trial

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council and the government'scase in chief.

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That is a that will all be they'llhave all of that and our case

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is gonna be on classified.

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We're committed to allowing.

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The People.

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To see the case.

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Nevertheless I mean that which it maybe material. So the preparation

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with offense may be.

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So let maybe class for and we have ofa process of very highly regulated.

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Process in which congress.

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In an inter branch dialogue with theexecutive has devolved rules.

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This is the classified informationprocedures.

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So. They still get everything thatis non cumulative relevant

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and helpful.

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And the judge most see the original.

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See what is proposed to goto the you uh to the fans.

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And determine.

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That everything that is non cumulativeand relevant margin overall

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than helpful.

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To the. Defense.

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Is there get it.

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So uh and that process is is fair it againbalance is very important interests.

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A prosecutors don't just open theirfiles to the world because

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that's the government's information.It's the people's information

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the don't turn over private medicalrecords the don't turn this

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is we don't turn over national secrets.

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Only take it very seriously.

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And there is a process of people thinkthey're not getting something

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where the should've gotten somethingthey to make requests.

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Those things go to made judge.

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Who is independent.

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And uh and this everything we do.

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Can be appealed.

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In the case of these classifiedinformation summer use that was

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a well preserved on the record.

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All and the stuff that is very secretstays animal but it's there

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for a fellow judges goingall the way out.

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As necessary.

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Through the DC circuitto the supreme court.

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They're all accountability mechanismsin this process.

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And they are importantand the big one of.

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An important part of the the systemto is though this prosecutions

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duty professionalduty to do this.

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Appropriately. So the sometimesthat that can get lost in the

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discussion but.

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Um. Discovery is a bigpart of the system.

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Right. Some believe that the defendantsall genetic in the Housley

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all of them space one time.

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So. The the right that one.

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That gretchen but that that is beginningto do that that to name

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going the other.

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It is there any possibility all agreeand CA there uh the government

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may be interested in one of the netso more proper trial in just

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a plea agreement.

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Thursday when they don't know thatyou can always go to the we'll

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turn a truck that talk about thatkind of thing that can entertain

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hypothetical us about the future andwhat kinds of crossed for elections.

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We might take.

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Um so when it won theHe declined to.

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Sir david are.

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You. Already been extended tobe the best known for that.

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The on the us uh and and I can talkabout things that happened

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mean those.

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On an old darby and magic on thetwo most recent examples of

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individuals to.

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Who has a pleaded guiltya and there's been a.

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Um. It's an agreement.

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Between the government in the shoes.

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So there are there is a of.

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And avenue within a system for.

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Cooperation for.

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Pleading guilty to.

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Was it in as part of an agreementwith the government.

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Okay so I mean that's that's passedthat's on the record we can

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give you all of those things youcan read the stick relations

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of fact that are the basis for themthe you know the the terminations

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of the core.

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And though you know.

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The proceedings there.

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And Sure you earlier.

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First yeah that's for us.

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A little baby earlier of.

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First go away with missions.

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Let me he's a date head.

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Okay so and more than with thatin my wife it and the nhs.

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Move. We're a defendant's to you.

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For festival on one.

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Mark mark.

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This was.

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Aspects of the punishment that wesee these cases are referred

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to military commissions and powerto judge the that's about that

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I can does confirm thatthat's the the case.

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And they were they wereproperly referred to.

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To trial after.

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A prosecutions for the charges theywere endorsed by the chief

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prosecutor and then went to the It'sof the referrals foreign commuting.

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It's. Hard.

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To was so good.

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Okay. What's the alsowas a remote so but.

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With respect to.

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A party would do with.

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Does it work in this system sayinginto the spaces where ginger

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that the renovation of the otherone so that all the simmons

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for isn't guilty. Good visionof all of the best.

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Two. Yeah and room for you to.

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Rule rules 1000 and one.

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Millett rules for military commission1001 and the DVD that we

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made available to you it has the formanual for military commissions

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the first part of that is the newrules from altered mission.

12:56.670 --> 12:58.100
So when 1000 and one.

12:58.940 --> 13:04.560
And then of 1004 is the one relatingto capital cases this and

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that have that should have a lotof eerie and you'll see a lot

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and they're chop it will be familiarthe requirement for akbar

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beating circumstances.

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The different gates that are necessary.

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Through which a case must go beforeyou ever get to be a judgement.

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Of a capital sons.

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And then within our system and you'llsee this of they're to be.

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Other is that the canadian 40 hasa clemency function as well.

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So the case then goes to the commutinga foreign who has a power

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supply mincing.

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But there's of their cygnetsthere are many.

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Of procedures and stepsto insurers been.

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I carefully and that the Reasonsmoral judgment of the

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Paddle of injury has been.

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A fully engaged in the process.. That.

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That. I olive.

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Me. No one.

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And I don't I don't see in him to.

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Be. You.

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There are some things that. That.

14:16.970 --> 14:21.660
He there you write prose and thenit's a hit the eyes of the

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soviet use a pencil canreceive a letter.

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Our problem with that.

14:29.980 --> 14:30.530
The voting booth.

14:31.640 --> 14:34.730
But I mean that that what everyin every important respect.

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Again these these restrictions.

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Past the balance security theyhave to balance access to the

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courts access to ones council.

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But it is not. Just.

14:47.880 --> 14:51.380
Any communication goes that's notthe way it is with regard to

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any similarly situated with. Them.

14:57.740 --> 14:58.730
Yeah for these.

15:00.760 --> 15:02.370
Well I was on this.

15:03.090 --> 15:06.630
There's a a shade of correspondencebetween the then president

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of the American bar association andthe commander of United States

15:09.900 --> 15:13.690
southern command and that I thinkit at loeffler a show freezer.

15:14.510 --> 15:16.850
And it was mr. Robinson's debut prison.

15:17.570 --> 15:20.690
And it's it's a lengthy correspondentsjust a coveted.

15:21.450 --> 15:22.950
It takes use Rue.

15:23.830 --> 15:28.410
Um. You know the that that the difficultbalance that's going all.

15:29.020 --> 15:34.350
And the and why there is the amanagement of these issues and

15:35.070 --> 15:39.340
Uh we the vote letter from the selfcome commander back to the

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American bar association president.

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The has many of fantasies that showit and explains this relationship

15:45.680 --> 15:48.770
between these rules on specialwas from the measures.

15:49.610 --> 15:52.650
And how the of the right to counselanother incorporates are

15:52.650 --> 15:53.660
still being. Perspective.

15:56.820 --> 15:59.550
We're so proud that they're just.

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It's on the DVD de if you lookinglike mint resources or that

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we references so it's gets thesame place where you'll find a

16:08.050 --> 16:10.790
matter for millimetre commissionsimages for for chuck to its

16:10.790 --> 16:13.140
in that side and alsofind the statute.

16:13.930 --> 16:18.830
Um. Beloved again another topicbecomes opens discussion of of

16:18.860 --> 16:21.670
access to the two of materialboth by the lawyer.

16:22.910 --> 16:26.270
And it did in involves the communicationsthing indirectly because

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they wanna communicate with theirclients away from her case.

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Very important right inability.

16:32.510 --> 16:38.390
So there's the discussion of of theTo 13 in the indian do discussion.

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Um. The memorandum of understandingis another. Standard.

16:46.990 --> 16:51.160
In. The practice in the federal districtcourts and that's important

16:51.420 --> 16:53.140
because they the statute.

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The says section four of or.

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Classified information proceduresactually do wrecks the judge

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says the judge cannot authorize.

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Access to classified. Information.

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Up except in accordancewith the standards.

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Generally practiced in federaldistrict court.

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And And we can provide uni theresort team of the most recent.

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Of international terrorism casesinvolving classified information

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and all of whom use demo use a bitof a protective were that require.

17:29.210 --> 17:33.520
Um council to sign a memorandum of understanding.So that's a standard.

17:34.070 --> 17:36.820
In general it so that so if youwanted to do that if you look

17:36.820 --> 17:40.250
in the statute. That's also whenyour references section military

17:40.250 --> 17:41.690
commissions act ten.

17:42.220 --> 17:43.460
United States quote.

17:44.060 --> 17:46.950
You're not really get down so nothingthere's huge 10 United

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States cold nine 40 mine.

17:49.920 --> 17:50.840
P for.

17:51.620 --> 17:54.240
Bravo. Standard generally.

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Excepted in federal district courtsand that is a standard.

17:58.280 --> 18:00.920
So I just wanna pointed outthat these things are.

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Although ways we balancing very importantabout its to consorted together.

18:07.620 --> 18:08.000
And it.

18:08.630 --> 18:10.580
He said that the and for so it's.

18:13.220 --> 18:17.790
So he Did begin those twocategories the of.

18:19.160 --> 18:21.950
The that which is which are ofpreparation that offense.

18:22.850 --> 18:26.410
She of the things that are noncumulative relevant helpful to

18:26.410 --> 18:26.930
the fans.

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Either its goal of tory.

18:30.010 --> 18:32.990
Right well could could providethe basis for mitigation.

18:33.630 --> 18:38.040
Of And then the other the secondcategory is intended for use

18:38.040 --> 18:40.810
by the truck outs from thegovernments to sochi.

18:42.550 --> 18:46.360
And and and that that materialsall gonna be an event material

18:46.390 --> 18:48.640
or our jason chief is gonnabe on classified.

18:49.700 --> 18:52.550
And so that's all bets nodded issuein any of this discussion

18:52.550 --> 18:54.050
over what they've got knocked out.

18:56.190 --> 18:57.250
In the past that.

18:57.840 --> 19:04.770
Person. No but uses of the Evadesshe was going to prep prepare

19:04.770 --> 19:05.540
their defense.

19:06.140 --> 19:08.110
If they if they've got our. Case.

19:10.070 --> 19:14.960
We've got our it's. Right.

19:17.340 --> 19:19.890
Right. The time. Yeah.. Business.

19:22.340 --> 19:27.030
Business. Oh I'd like to awful.

19:28.130 --> 19:32.570
Well difference first have to hitthe action and that her working.

19:33.770 --> 19:35.570
Yeah you know it out.

19:36.110 --> 19:37.450
It's too much.

19:38.980 --> 19:40.730
So the Right to it.

19:41.270 --> 19:42.320
And that's it that's.

19:42.830 --> 19:46.060
Right. Yeah that was a really.

19:47.110 --> 19:50.580
Thirteen here but what what I willsay is I am not in any way

19:50.580 --> 19:53.510
disparaging their right to challengethese protective orders

19:53.510 --> 19:55.990
and raise it there's been significantlitigation over it.

19:56.630 --> 20:02.900
Um all I'm saying is these are standardsgenerally accepted. Here. Faso.

20:03.400 --> 20:08.300
Was. The people's side and other councilmembers of the defense team.

20:08.850 --> 20:10.030
And it's the prime.

20:11.070 --> 20:14.470
The people were side or thecouncil members. That's.

20:17.500 --> 20:21.780
And he And and that's what protectaffordable and points.

20:23.150 --> 20:25.120
A Now nobody can.

20:25.860 --> 20:29.200
Participate in something their clientsdoing that's that maybe

20:29.200 --> 20:32.350
against the Wall that that's not toprepare for a watched the ball.

20:33.320 --> 20:33.850
The young.

20:34.700 --> 20:37.060
And in jet the judge in issuing his.

20:37.880 --> 20:41.010
Memorandum of understanding lastdecember are slated to the go

20:41.010 --> 20:44.700
wine case and I reckon I commendto use the perfect of ordering

20:44.700 --> 20:46.960
people on a case. Ithink it is in a.

20:48.070 --> 20:51.740
We we have the have that it'sit's cited in the record so.

20:52.300 --> 20:53.250
It's a it's will.

20:54.010 --> 20:56.490
Capable of being afound on public.

20:57.110 --> 20:59.240
Uh. Databases says.

20:59.980 --> 21:04.100
The judge in that case required animalyou require all the difference

21:04.100 --> 21:04.920
comes with the sun.

21:05.580 --> 21:07.030
It's just part of practice.

21:07.910 --> 21:09.020
Uses virginal.

21:09.700 --> 21:13.730
It's a very good medicinefor me to go the No what.

21:14.810 --> 21:18.500
No yens partly and it we have thousandsof pages ready to go

21:18.950 --> 21:19.950
and um.

21:21.570 --> 21:23.770
And that you know they'rechoosing to continue to.

21:24.450 --> 21:27.340
The debate and so forth andthat that is the right but.

21:27.920 --> 21:31.350
No that's the They theywe believes that.

21:31.890 --> 21:35.370
That's when some of that materialgood deal of the time we're

21:35.370 --> 21:36.450
on the side of inclusion.

21:37.110 --> 21:40.280
Because we're making some of thesein what is relevant requires

21:40.280 --> 21:43.470
and judgment calls it requires anticipating.What how this might

21:43.470 --> 21:44.850
fit into a defense theory.

21:45.500 --> 21:50.230
So. We or I'm ready to turnover thousands. Bridge.

21:52.600 --> 21:54.990
When does he did uh. Uh.

21:57.590 --> 21:58.280
All that.

21:59.120 --> 22:00.940
This case can be important in.

22:01.560 --> 22:05.940
This guessing economy talking thattrial in aviation will turn

22:05.940 --> 22:11.160
to wikis sub a witness and testifiedwhen when did he.

22:11.700 --> 22:14.460
When he favored roomwith us we get that.

22:16.280 --> 22:16.970
The matter.

22:17.740 --> 22:21.830
This one uh it the we have requestedthe trial early next year.

22:22.280 --> 22:25.660
But the this with the delaysthat of occurred.

22:26.210 --> 22:29.490
We realize the the church usinggonna find that to be a nature

22:29.490 --> 22:32.430
suggestions but we don't havea specific try also that.

22:33.120 --> 22:36.480
Um. Just this is notabout a time more.

22:38.200 --> 22:38.900
It's about.

22:39.590 --> 22:41.140
Justice under the rule Wall.

22:42.050 --> 22:43.490
And the pork maybe Wall.

22:45.680 --> 22:50.060
And And it will bend toward justicethat will be here as long

22:50.060 --> 22:50.810
as it. Takes.

22:54.470 --> 22:55.130
The show.

22:56.990 --> 22:57.960
Yes it.

22:58.940 --> 22:59.540
The thing.

23:01.360 --> 23:02.550
One for me to what.

23:03.280 --> 23:06.520
Insert in the prestige use thattime compress that workers.

23:07.250 --> 23:10.400
Uh in the region be enough to whathe sees the baby she's to work.

23:12.090 --> 23:14.830
You just into us today on the recordand we got thick in their

23:14.830 --> 23:16.480
mean the the a.

23:17.540 --> 23:21.505
Severs order seldom Beyonce. He'sgonna take about these two

23:21.505 --> 23:23.540
90 tuesday ninty two series.

23:24.070 --> 23:25.890
And and those things thatare connected to it.

23:26.420 --> 23:30.360
So uh to spit that will be thefirst order business until it

23:30.360 --> 23:30.950
gets to that.

23:32.360 --> 23:33.770
Thank you to think you're good..

