DOJ-OGR-00013879.jpg

be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 761 _ Filed 08/10/22 Page 20 of 246 2315 LCGVMAX1 MS. STERNHEIM: The timing on this witness is that the witness has COVID. So the witness will not be here unless the Court permits his testimony to be versus via WebEx. And I have cited another case in this district wh to London when a government witness wa district. And certainly given wha t th tain ere I, in fact, was sent s too ill to come to the e courts have been utilizing through COVID, there cer for that request. ly is a legitimate basis He cannot travel. He is quarantined. Provided he is not incapacitated -- and I understand he would be able to give testimony from his home —-- that would be the request, if the government was not willing to work out a stipulation based upon the declaration that had been disclosed orally and had been provided in written form. MR. ROHRBACH: Your Honor , assuming the Court lets in the testimony at all, the government is not going to agree to a stipulation. We think this witness needs to be subject to cross-examination. It may be possible -- I know the Court has done before a procedure by which a WebEx, but the Court would have to As part of that, we think that the produce the positive COVID test to THE COURT: I thought the that. MS. STERNHEIM: do, but wit ness can testify by make certain findings first. wit ness would have to demonstrate to the Court -- letter said that you've got I didn't think it was SOUTHERN DISTRICT R EBPORTERS, P.C. (212) 805-0300 DOJ-OGR-00013879