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Case 1:20-cr-00330-PAE Document 459 _ Filed 11/15/21 Page 26 of 43 26 LalWmaxC 1 a summary voir dire; it will be probing. 2 Even if a juror were somehow exposed to a specific 3 media report on the questionnaire, the juror would be sworn to 4 report that exposure. The questionnaire and voir dire are 5 designed to unearth that kind of prior exposure and any 6 resulting potential bias. 7 Nor is it clear what prejudice results from that 8 possibility. As I said, I am not persuaded that in the off 9 chance there's a juror who has the questionnaire or a media 10 reporter has the questionnaire in advance and fails to disclose 11 that, it's somehow prejudiced in their response to a question. 12 If a juror's going to lie and be dishonest, we will smoke that 13 out, and the fact of this questionnaire being publicly docketed 14 is not going to increase or decrease any such likelihood. 15 Moreover, as I said, the proposed exact questionnaires 16 are in my experience regularly docketed, including in 17 comparably high-profile cases. Again, in Judge Donnelly's case 18 just very recently, so similar nature of charges, similar 19 high-publicity media attention, in an age of social media and 20 the like, she docketed the proposed her addressed questionnaire 21 in advance of jury selection, as I understand it. And I'm not 22 aware of counterexamples. 23 Lastly, defense does not articulate any likely 24 prejudice that distinguishes this from the public docketing of 25 other pretrial materials already on the docket or that will be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00006998