DOJ-OGR-00008434.jpg

Case 1:20-cr-00330-PAE Document555 ~ Filed 12/18/21 Page4of5 The Honorable Alison J. Nathan December 15, 2021 Page 4 We have notified the government that Mr. Hamilton, who resides in London, has tested positive for COVID. We now have documentation of his test results. As a result, he cannot travel or attend the trial in person. In lieu of responding to our request to work out a stipulation based on Mr. Hamilton’s deposition, the government has moved for preclusion of his testimony in toto. We are requesting permission to have Mr. Hamilton testify from his home via a WebEx link to the Courtroom. In United States v. Khaled Al Fawwaz, 98 Cr. 1023 (LAK), Judge Kaplan ordered live CCTV testimony of a government witness who was unable to travel from London to SDNY due to a medical condition. Counsel for both parties (then-AUSA Nicholas Lewin and defense counsel Bobbi C. Sternheim, Esq.) traveled to London to conduct the examination which was transmitted via CCTV to Judge Kaplan’s courtroom for real-time viewing by the jury. Mr. Hamilton is quarantined and highly contagious. He should be permitted to testify remotely. te Ok ok Ms. Maxwell has a constitutional right confront her accusers and to present a defense. U.S. Const. amends. V, VI. Precluding Mr. Hamilton from testifying, when his proposed testimony is proper under the Rules of Evidence, would violate these constitutional guarantees. This Court should reject the government’s attempt to preclude Ms. Maxwell from exposing Kate’s motive and bias to the jury. This Court should deny the government’s motion. DOJ-OGR- 00008434