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Case 1:20-cr-00330-PAE Document558 _ Filed 12/19/21 Page2of5 At the outset, it bears noting that the public interest in viewing the parties’ presentations is marginal. The core of closing argument is the advocacy of the attorneys, which will be available to all persons in the courtroom, juror and member of the public alike.? And a significant amount of the material—including all of the Government’s and the vast majority of the defense's slides— will consist of exhibits, excerpts from the transcript, and text from the jury charge. Accordingly, little additional material would be made public through these slides: to the extent that information should be publicly available, it already is. The parties are also likely to identify many exhibits by number during argument, permitting any observers with copies of the key exhibits to follow along. By contrast, counsel for both parties agree that complicated logistics—including either binders or toggling public monitors on and off—raise significant concerns. First, they would risk significant delay. The Court, the jury, and the parties have made efforts to complete presentation of argument and jury instructions tomorrow. As the Court has no doubt observed during trial, the use of binders has been time-consuming, as jurors must lift sometimes-heavy binders and flip through them to find the correct page. In order to turn the public monitors on and off, Court staff must manually do so in the courtroom and each overflow room. This process takes several minutes, and the parties anticipate that it will have to occur repeatedly during the course of the parties’ presentations. Similarly, even in televised trials, the public may not see demonstratives used during closing argument. Asa courtesy to the public, the parties have agreed to make the demonstratives available for public review after closing arguments are delivered. 2 The demonstratives are attorney work product, which counsel may elect not to publish during the flow of closing argument. If the demonstratives are made public in advance of closing argument and thereafter counsel decide not to publish certain portions, the public will have obtained information that otherwise would not be available. pe DOJ-OGR-00008440