US vs Choi transcript 2011-10-07 Mandamus

7/29/2019 US vs Choi transcript 2011-10-07 Mandamus

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1 UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

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3 UNITED STATES, : MJ 10-739

:4 Government, :

:

5 v. : Washington, D.C.

: Friday, October 7, 2011

6 DANIEL CHOI, : 10:11 a.m.

:

7 Defendant. :

:

8 - - - - - - - - - - - - - - -x

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TRANSCRIPT OF ORAL ARGUMENT10 BEFORE THE HONORABLE ROYCE C. LAMBERTH

UNITED STATES DISTRICT CHIEF JUDGE

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12 APPEARANCES:

13 For the Government: ANGELA GEORGE, ESQUIRE

STRANTON STRAND, ESQUIARE

14 ASSISTANT UNITED STATES ATTORNEYS

UNITED STATES ATTORNEY'S OFFICE

15 Room 4444

555 4th Street, N.W.

16 Washington, D.C. 20530

(202) 252-7943

17 (202) 514-6010 (fax)

[email protected]

18 (202) 252-6754

(202) 252-6720 (fax)

19 [email protected]

20

For The Defendant: ROBERT J. FELDMAN, ESQUIRE

21 ROBERT FELDMAN14 Wall Street

22 20th Floor

New York, NY 10005

23 (212) 657-5177

[email protected]

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25 Pages 1 through 20


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APPEARANCES (Continued):

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For the Defendant: NORMAN ELLIOTT KENT, ESQUIRE

3 KENT & CORMICAN, PA

110 SE 6th Street4 Suite 1970

Fort Lauderdale, FL 33301

5 (954) 763-1900

[email protected]

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7 Court Reporter: THERESA M. SORENSEN, CVR-CM

Official Court Reporter

8 333 Constitutional Avenue, N.W.

Room 4808-B

9 Washington, D.C. 20001

(202) 273-074510

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1 P R O C E E D I N G S

2 THE DEPUTY CLERK: Magistrate Case 10-739, the

3 United States of America versus Daniel Choi. Ms. George and

4 Mr. Strand for the government, Mr. Feldman and Mr. Kent for

5 the defense.

6 MR. FELDMAN: Good morning, Your Honor.

7 THE COURT: Good morning.

8 MR. FELDMAN: With the Court's permission, may I

9 have my paralegal sit at the table, Judge?

10 THE COURT: Yes.

11 MR. FELDMAN: Thank you very much, Your Honor.

12 THE COURT: All right.

13 MR. STRAND: May it please the Court, Stratton

14 Strand on behalf of the government.

15 Your Honor, the Magistrate Judge committed clear

16 and indisputable error by treating the selective prosecution

17 claim as a defense on the merits rather than as grounds for

18 dismissal, and refusing to rule on the government's motion

19 in limine to deem it waived. If this error is not

20 corrected, the government will be forced to devote

21 significant resources to defending against a baseless,

22 procedurally barred claim, and the government's right to

23 appeal any adverse ruling on that claim will be jeopardized.

24 The defendant has acknowledged in his pleadings

25 that the Judge erred by treating this motion -- by treating


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1 this defense as a defense on the merits. The defendant has

2 acknowledged that this is in fact an attack on the

3 institution of the indictment, the institution of the

4 prosecution.

5 Despite that fact, it is also clear that the

6 Magistrate Judge here consistently has treated this

7 selective prosecution claim as a defense on the merits that

8 can be raised and considered at trial. From the August 25th

9 status call, where the trial court said that, "The objection

10 will be reserved. I will hear it when I try the case" to

11 the government counsel when she objected under Rule

12 12(B)3(a).

13 To the start of the trial on August 29th, when the

14 government asked the Court to rule on the motion in limine,

15 and the Court said it didn't need to because the defendant's

16 "defenses," were not relevant "until you prove him guilty."

17 To the October 31st session, when the government

18 specifically asked for a clarification, "Are you, Your

19 Honor, going to allow the defendant to pursue the selection

20 prosecution claim as a theory of the defense?" and the

21 Magistrate Judge specifically said, "Yes. It already has.

22 The defendant has so testified."

23 It's apparent that the Magistrate Judge was

24 treating this as a defense on the merits, and that was

25 clearly erroneous.


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1 The reason that we need mandamus to correct this

2 error, the reason there's no other adequate remedy, is that

3 if the Magistrate Judge were to go ahead and terminate the

4 proceedings on the basis of a selective prosecution claim

5 before a verdict, without Mr. Choi's consent, either through

6 a judgment of acquittal or as a dismissal, the due

7 process -- the double jeopardy clause would bar any appeal

8 by the government, as Scott itself held, "Whether the judge,

9 acting without the defendant's consent, aborts the

10 proceeding, the defendant has been deprived of his valued

11 right to have his trial completed by a particular tribunal."

12 We believe all indications are here that Mr. Choi

13 would not consent to a determination of the proceeding

14 pre-verdict. His intention all along has been to not file a

15 motion and not have this ruled on as a dismissal. So if the

16 Court were to do that, it would do it over objection, and we

17 would, in fact, lose our right to appeal. That's why we

18 need mandamus, Your Honor.

19 THE COURT: Okay. Do you want to address first

20 the question the respondent raises then, of whether I have

21 jurisdiction to issue a writ of mandamus?

22 MR. STRAND: Yes, Your Honor.

23 THE COURT: Have you got any reported case where

24 is District Court Judge has issued a writ of mandamus

25 against a Magistrate Judge?


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1 MR. STRAND: I don't believe we've cited one, Your

2 Honor, but we believe that it's --

3 THE COURT: Why would that be? That would not

4 seem to be this unusual in the course of events, so why do

5 you think that would be? I take it there's no case on the

6 other side either that you've found or you would have

7 disclosed it?

8 MR. STRAND: No, no. Correct, Your Honor.

9 THE COURT: So there's no case either way --

10 MR. STRAND: No, exactly.

11 THE COURT: -- directly on point?

12 MR. STRAND: Exactly.


14 MR. STRAND: But there is a case from the D.C.

15 Circuit called In re: Tenant, which says, "Where a case is

16 within the appellate jurisdiction of the higher court, which

17 is Your Honor, a writ of mandamus --

18 THE COURT: That's assuming then that a magistrate

19 is a lower court.

20 MR. STRAND: And the statute supports that, Your

21 Honor. We cited at great length in our reply brief, the

22 appellate jurisdiction under the local -- under Federal

23 Criminal Rule Procedure 58(G)2(b), appeals from a magistrate

24 order are to the District Judge. So is necessarily the

25 lower -- the Magistrate Judge is necessarily a lower court


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1 if the appeal is the District Court, and there are a number

2 of other reasons, statutory, but I think it's pretty clear

3 that Your Honor is a superior court, and in aid of your

4 jurisdiction, the All Writs Act makes it clear that you can

5 issue mandamus in aid of your appellate jurisdiction.

6 THE COURT: Well, I don't think it makes it clear

7 because if there's no reported case ever that anybody has

8 cited, I wouldn't say it's crystal clear to me.

9 MR. STRAND: Okay. Let me -- I didn't say

10 "crystal clear," but I take Your Honor's point. We believe

11 that it is implicit from the plain language of the statute,

12 Your Honor, and from the structure of the District Court and

13 the Magistrate Judge court.

14 THE COURT: Now, let me ask you if you would

15 address, and I don't -- I think this was cited for something

16 else in one of the briefs, but if you look at In re:

17 Cheney, the en banc opinion, which is at 406 F3. 723, at

18 page 729, this is the language the en banc Court of Appeals

19 says in our circuit. "Rule 81(B) of the Federal Rules of

20 Civil Procedure long ago abolished the writ of mandamus in

21 the District Courts, although not in the Appellate Courts.

22 But the rule permitted relief heretofore available by

23 mandamus to be obtained by actions brought in compliance

24 with the rules."

25 How does that -- I mean, that quote is troubling


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1 to me about what that actually means, as to whether it was

2 "heretofore available," which is what I would have to do to

3 meet that test.

4 MR. STRAND: We don't believe that the civil rule,

5 Rule 81 of the Federal Rules of Civil Procedure, applies to

6 the criminal context, Your Honor.

7 THE COURT: So that doesn't apply to a criminal --

8 a writ for a mandamus in a criminal case, you would say?

9 MR. STRAND: Yes. Correct, Your Honor.

10 THE COURT: And there is no analogue in the

11 criminal rules to 81(B)?

12 MR. STRAND: Correct. Correct. There is no

13 alternate procedure.

14 THE COURT: All right. Now, I understand the

15 argument about if he were to -- if the Magistrate Judge were

16 to decide this is a defense, then the government is

17 precluded the opportunity to seek appellate review --

18 MR. STRAND: Yes, Your Honor.

19 THE COURT: -- because double jeopardy would

20 prevent it. If he were to simply dismiss, you would have an

21 appeal of right. Your concern is that the defendant might

22 raise double jeopardy if I reversed him on that, and then

23 you sought to complete the trial or retry him?

24 MR. STRAND: If the dismissal were without the

25 defendant's consent, and if it were pre-verdict -- if the


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1 dismissal were post verdict, we don't have a problem because

2 then there would have been a finding of guilt, and an

3 acquittal by the Judge could be reviewed and dismissed and

4 dispensed with, and the judgment of guilt simply instated.

5 But if it's a -- if it's a dismissal or an acquittal, a

6 judgment of acquittal pre-verdict, and it's done over the

7 defendant's objection, then whether it's an acquittal or

8 dismissal, we've lost our right of appeal under the Scott

9 case.

10 THE COURT: Now, when the Magistrate Judge --

11 well, your argument of why -- I'll let you make it first

12 then. Why didn't you simply take an appeal when the

13 Magistrate Judge was persisting in going forward with this?

14 MR. STRAND: There is no interlocutory appeal that

15 we could have taken at this time.

16 THE COURT: Because he didn't exclude evidence or

17 suppress evidence?

18 MR. STRAND: He didn't dismiss the indictment, he

19 didn't suppress evidence, he didn't grant a new trial.

20 There are three ways under the --

21 THE COURT: So there was no appellate possibility?

22 MR. STRAND: Exactly, Your Honor.

23 THE COURT: Mandamus was the only option, you

24 would say, would be your argument?

25 MR. STRAND: Exactly.


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1 THE COURT: And once he ordered that discovery, or

2 whatever it was, there is no -- well, that would fall in the

3 same category. He hadn't ordered anything that was

4 appealable at that point?

5 MR. STRAND: Exactly, Your Honor. Exactly.

6 THE COURT: Do you agree that the circuit Court of

7 Appeals would have jurisdiction over this mandamus petition?

8 MR. STRAND: No, Your Honor. That's why we filed

9 it here.

10 THE COURT: Okay, why?

11 MR. STRAND: Because the circuit is not the

12 appellate body having supervisory authority over the

13 Magistrate. Your Honor is the -- the District Court is. We

14 cited a case in our reply brief that specifically refused to

15 issue a mandamus to a Magistrate Judge on --

16 THE COURT: Because there hadn't been an appeal to

17 the District Judge?

18 MR. STRAND: Exactly, Your Honor.

19 THE COURT: In that circumstance. Here, where

20 there could be no appeal to the District Judge, though, why

21 would not mandamus lie in this circuit rather than in the

22 District Court?

23 MR. STRAND: I'm not sure, Your Honor. I haven't

24 thought that part through. Maybe I will by the time I stand

25 up again later.


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1 THE COURT: Okay. In terms of filing the

2 petition, and I take it since your name is not on it you

3 didn't do it, but --

4 MR. STRAND: Correct, Your Honor.

5 THE COURT: -- if you know, why is the petition

6 filed in the magistrate number, and why is it "U.S. v. Choi"

7 instead of "U.S. v. Facciola"? I'm not sure I understand

8 the actual way this got here. Wouldn't it have been a -- a

9 mandamus petition would ordinarily have a separate docket

10 number and have been filed naming the person to whom the

11 writ is going to issue, wouldn't it?

12 MR. STRAND: I wasn't involved in that decision,

13 Your Honor, so I don't -- I don't know the reasoning that

14 went into that decision, but I can find out and respond.

15 THE COURT: All right. I guess there's -- well, I

16 guess that's all I have to ask right now. There may be one

17 other merits question I want to ask you, but I'll hear from

18 the respondent first.

19 MR. STRAND: Thank you, Your Honor.

20 THE COURT: Anything else you want to add?

21 MR. STRAND: No, Your Honor.


23 Mr. Feldman.

24 MR. FELDMAN: Good morning, Your Honor. May it

25 please the Court, may it please Ms. George, the government,


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1 Your Honor.

2 The bigger picture of this case is there were

3 three civil disobedience protests. One was in March, one

4 was in April, one was in November. In March it was

5 successful. Everybody got their post and forfeit. There

6 were only two people involved, Captain James, Peter Angelo,

7 and Lieutenant Dan Choi.

8 May I refer to them in their ranks?

9 THE COURT: Sure.

10 MR. FELDMAN: The second one was --

11 THE COURT: Are they out now? I mean, out of the

12 service? That was not intended as a pun.

13 MR. FELDMAN: Sort of. That's dictum, Judge.

14 Let's say that. Thank you, Judge.

15 The second one was a little bit bigger, and it was

16 also successful. There was post and forfeit.

17 The third one was really big, and what happened --

18 and it's all on the record -- on November 12th some fairly

19 high level, senior, White House officials got good word that

20 "get equal" was going to protest the imminent or not repeal

21 of the "Don't Ask, Don't Tell" statute. Remember, there was

22 a lame duck session, and they refer to -- their e-mails

23 referred to that, Judge. I don't need to clutter the

24 record.

25 So the big news is out. This was November 12th.


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1 So they were watching my client and his friends three days

2 before. I don't know how. I can't prove it. All I know is

3 that they were. That's documented. I don't know if that's

4 legal or not, but I certainly call it dirty hands. Filthy

5 hands, Judge.

6 The Obama -- President Obama's White House then

7 decided on November 15th, at approximately three hours

8 before the unsuccessful -- and I call it unsuccessful

9 because we're ending up in a Federal Court on a parking

10 ticket, Judge. They knew it, and they spied on them, and

11 they arrested them, and Solicitor Assistant General Randy

12 Meyers wrote a very good legal opinion on how to twist the

13 law to make 28 C.F.R., you know, applicable rather than a

14 much more petty offense in local Superior Court on the other

15 side of the park, Judge.

16 One of the great officers in this case, the unsung

17 hero in this case is -- and I don't remember his rank. I

18 apologize -- is Stoutameyer (ph. sp.) who has been on the

19 force for 22 years. He said he never saw this.

20 Another great unsung hero is Lechants (ph. sp.).

21 He admitted that, when I was wrestling with him about the

22 vagueness of the sidewalk versus the masonry of the White

23 House, that I had a good point, and I stopped my

24 questioning. He acknowledge that I was right, and Judge

25 Facciola acknowledge that I was right.


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1 And then the key point, the pentacle of this

2 three-day trial, which is still going on, God willing, was

3 when Lieutenant Choi testified, and Captain Peter Angelo

4 testified, and it convinced Judge Facciola, I submit, not

5 only -- I'm editorializing here -- not only prima facie, but

6 beyond any doubt that the government had filthy hands, and

7 that he, in the interest of justice, in the interesting of

8 preserving the checks and balances, in the interest of

9 having the judicial department, the Judicial Branch check

10 out what the Executive Branch is doing, he wanted to

11 continue the trial because he's a good judge.

12 Therefore, we move that the government's mandamus

13 be denied in all respect, and the trial continue at the

14 Court's pleasure.

15 THE COURT: Why didn't you file that motion before

16 the trial began?

17 MR. FELDMAN: I came on the case on August 25th,

18 2011, Judge. That was my first appearance. It was on the

19 phone, and I was with Ms. George on the phone. I was in

20 Fire island, and I suppose Ms. George was in Judge

21 Facciola's chambers -- courtroom in this building, and it's

22 very clear that I indicated that it was my belief that the

23 government was selectively or vindictively, or Bermuda

24 onions, whatever, to my client. The Judge ruled that he

25 would allow us to pursue that during the trial, and since he


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1 wears two hats --

2 THE COURT: All right, let's stop right there. At

3 that point, why was that not error? Why did he not enforce

4 Rule 12 that says you have to file that motion before the

5 trial begins and before jeopardy attaches? Why didn't he

6 have to do that?

7 MR. FELDMAN: Because prior counsel, Judge, did,

8 in fact, I believe, waive discovery, I believe, sometime in

9 May. I don't even know, Judge.

10 THE COURT: Okay. Then that's a problem for you

11 as to whether what he did is clearly erroneous, isn't it?

12 MR. FELDMAN: No, I don't think so because there's

13 no jury here, Judge. There was no jury there, okay? It's

14 his job to not only try the facts, try the law, judge the

15 credibility. We're not wasting a jury's time, Judge. It's

16 different than a jury trial, and I believe -- and I cannot

17 cite you a statute and I cannot cite you a case. I cite you

18 commonsense. When you have a Judge sitting there, he can

19 extend the case for a year if he wants, and that's what --

20 I'm not asking for a year in this case. It can be over in

21 two or three days. I just want to continue the trial and

22 get to the heart of the matter as to the filthy hands of the

23 government to show why my client should get an apology and a

24 dismissal from the government.

25 THE COURT: Is it your position that he -- do you


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1 agree he cannot acquit on the basis of selective or

2 vindictive prosecution?

3 MR. FELDMAN: I agree with that.

4 THE COURT: You agree that would be legal error?

5 MR. FELDMAN: Yes.

6 THE COURT: Now, if he dismisses, what's your

7 position about their argument that jeopard is attached and

8 your client would have to consent --

9 MR. FELDMAN: Who's liable?

10 THE COURT: If he were to dismiss -- the

11 government just argued that unless your client consents,

12 jeopardy is attached and that would operate as an acquittal.

13 Would that be --

14 MR. FELDMAN: 483(B) refers there, Judge, and for

15 the record my client does not consent to anything other than

16 a full trial or a dismissal by the United States Attorney's

17 Office with an apology in open court on the record.

18 THE COURT: Hold your breath for an apology, I'm

19 sure. I've never seen that in a case yet.

20 Let me ask you if you're familiar with a case that

21 I found in my research, and that is by a very respected

22 Judge in Massachusetts. The caption is In re: Calore

23 Express Company, Incorporated. The citation I have is 1998

24 U.S. District Lexis 2927, and so you can look it up and

25 decide if you want to file something supplemental. I


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1 presume you don't know about it. It was not cited by either

2 side here, but Judge Sterns finds that a Bankruptcy Judge is

3 an Article I Judge, very similar in kind to a Magistrate

4 Judge, and Judge Sterns finds that there is authority to

5 issue a writ of mandamus against a Bankruptcy Judge because

6 the Bankruptcy Judge is acting as an inferior court because

7 appeals are taken to the District Judge. It sounds

8 remarkably similar to this.

9 MR. FELDMAN: It sure does.

10 THE COURT: So unless his opinion is wrong, it

11 sounds to me like it's a pretty good precedent since neither

12 side has found the case, I take it.

13 MR. FELDMAN: Thank you, Judge. It's very

14 analogous. It's your discretion.

15 THE COURT: I don't really -- I am a little

16 surprised at this stage of our history that there is not

17 clear cut law on the question of whether I can mandamus a

18 Magistrate Judge, but --

19 MR. FELDMAN: Hard cases make good law, Judge.

20 THE COURT: Okay. What is your response to his

21 argument that Rule 81(B) is a civil rule and it doesn't

22 apply at all to this criminal case?

23 MR. FELDMAN: I agree.

24 THE COURT: You agree, okay. And your position is

25 it's the government has the petitioner's burden to establish


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1 that I have jurisdiction?

2 MR. FELDMAN: I consent to your jurisdiction.

3 THE COURT: Okay.

4 MR. FELDMAN: My client consents to your --

5 THE COURT: By a mandamus?

6 MR. FELDMAN: No.

7 THE COURT: You didn't do that in your papers.

8 MR. FELDMAN: No. I don't consent by mandamus,

9 but I'm here, Judge. I'm not going to be rude and say you

10 don't have jurisdiction.

11 THE COURT: Well, I don't consider that rude, it's

12 a legal argument.

13 MR. FELDMAN: I know, sir. Please rely on my

14 brief for that.

15 THE COURT: Okay. All right.

16 MR. FELDMAN: Thank you, Judge.

17 THE COURT: I'll give you a minute if you want to

18 talk to your client.

19 MR. FELDMAN: Thank you, Judge.

20 THE COURT: Sure. Sure.

21 Would the D.C. Circuit have jurisdiction over this

22 mandamus petition?

23 MR. FELDMAN: Sure.

24 THE COURT: You agree?

25 MR. FELDMAN: Sure.


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1 THE COURT: Okay.

2 MR. FELDMAN: Judge, we would consent to

3 jurisdiction to Your Honor, to Judge Facciola, and goodness

4 forbid -- I won't -- I won't complete the sentence. We

5 trust the Judges in this building.

6 THE COURT: Okay.

7 MR. FELDMAN: For the most part.

8 THE COURT: Okay. Thank you, Mr. Feldman.

9 MR. FELDMAN: Thank you, Your Honor.

10 THE COURT: Anything else, Mr. Strand?

11 MR. STRAND: Unless Your Honor has specific

12 questions for me, I don't plan to respond to some of the

13 spurious comments.

14 THE COURT: All right. I'll consider the appeal

15 submitted, and I will rule as promptly as I can.

16 MR. FELDMAN: Thank you very much, Your Honor.

17 MR. STRAND: Thank you, Your Honor.

18 THE COURT: Thank you, counsel.

19 (Whereupon, the proceedings in the above-entitled

20 matter were adjourned at 10:36 a.m.)

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1 CERTIFICATE OF REPORTER

2 I certify that the foregoing is a

3 correct transcript from the record of proceedings in the

4 above-entitled matter.

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6 ___________________________________

7 Theresa M. Sorensen, CVR-CM

8 Official Court Reporter

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arrested [1] 13/11Article [1] 17/3as [17] 3/17 3/17 4/1 4/7 4/20 4/24 5/6 5/85/15 8/1 12/12 15/11 15/22 16/12 17/6 19/1519/15ask [5] 7/14 11/16 11/17 12/21 16/20asked [2] 4/14 4/18asking [1] 15/20ASSISTANT [2] 1/14 13/11assuming [1] 6/18attached [2] 16/7 16/12attaches [1] 15/5attack [1] 4/2ATTORNEY'S [2] 1/14 16/16ATTORNEYS [1] 1/14August [3] 4/8 4/13 14/17August 25th [1] 4/8August 29th [1] 4/13authority [2] 10/12 17/4available [2] 7/22 8/2

Avenue [1] 2/8

Bbalances [1] 14/8banc [2] 7/17 7/18Bankruptcy [3] 17/2 17/5 17/6bar [1] 5/7barred [1] 3/22baseless [1] 3/21basis [2] 5/4 16/1be [17] 3/20 3/23 4/8 4/10 6/3 6/4 6/5 7/23

9/3 9/24 10/20 11/16 14/13 15/20 16/4 16/1318/9because [13] 4/15 7/7 8/19 9/1 9/16 10/1110/16 13/9 14/11 15/7 15/12 17/5 17/6been [7] 5/10 5/14 9/2 10/16 11/8 11/1013/18before [7] 1/10 5/5 13/2 13/8 14/15 15/4 15/5began [1] 14/16begins [1] 15/5behalf [1] 3/14belief [1] 14/22believe [8] 5/12 6/1 6/2 7/10 8/4 15/8 15/815/16Bermuda [1] 14/23beyond [1] 14/6

big [2] 12/17 12/25bigger [2] 12/2 12/15bit [1] 12/15body [1] 10/12Branch [2] 14/9 14/10breath [1] 16/18brief [3] 6/21 10/14 18/14briefs [1] 7/16brought [1] 7/23building [2] 14/21 19/5burden [1] 17/25

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CC.F.R [1] 13/13call [3] 4/9 13/4 13/8called [1] 6/15Calore [1] 16/22came [1] 14/17can [8] 4/8 7/4 11/14 15/18 15/20 16/2417/17 19/15

can't [1] 13/2cannot [3] 15/16 15/17 16/1

Captain [2] 12/6 14/3caption [1] 16/22case [22]cases [1] 17/19category [1] 10/3certainly [1] 13/4CERTIFICATE [1] 20/1certify [1] 20/2chambers [1] 14/21check [1] 14/9checks [1] 14/8Cheney [1] 7/17CHIEF [1] 1/10CHOI [6] 1/6 3/3 5/12 11/6 12/7 14/3Choi's [1] 5/5circuit [6] 6/15 7/19 10/6 10/11 10/21 18/21

circumstance [1] 10/19citation [1] 16/23cite [3] 15/17 15/17 15/17cited [6] 6/1 6/21 7/8 7/15 10/14 17/1civil [5] 7/20 8/4 8/5 12/3 17/21claim [6] 3/17 3/22 3/23 4/7 4/20 5/4clarification [1] 4/18clause [1] 5/7clear [9] 3/15 4/5 7/2 7/4 7/6 7/8 7/10 14/2217/17clearly [2] 4/25 15/11client [8] 13/1 14/24 15/23 16/8 16/11 16/1518/4 18/18clutter [1] 12/23CM [2] 2/7 20/7

COLUMBIA [1] 1/1comments [1] 19/13committed [1] 3/15commonsense [1] 15/18Company [1] 16/23complete [2] 8/23 19/4completed [1] 5/11compliance [1] 7/23concern [1] 8/21consent [9] 5/5 5/9 5/13 8/25 16/8 16/15 18/218/8 19/2consents [2] 16/11 18/4consider [2] 18/11 19/14considered [1] 4/8consistently [1] 4/6

Constitutional [1] 2/8context [1] 8/6continue [3] 14/11 14/13 15/21Continued [1] 2/1convinced [1] 14/4CORMICAN [1] 2/3correct [7] 5/1 6/8 8/9 8/12 8/12 11/4 20/3corrected [1] 3/20could [3] 9/3 9/15 10/20counsel [3] 4/11 15/7 19/18course [1] 6/4

court [26]Court's [2] 3/8 14/14courtroom [1] 14/21Courts [2] 7/21 7/21credibility [1] 15/15criminal [6] 6/23 8/6 8/7 8/8 8/11 17/22crystal [2] 7/8 7/10cut [1] 17/17CVR [2] 2/7 20/7CVR-CM [2] 2/7 20/7

DD.C [5] 1/5 1/16 2/9 6/14 18/21Dan [1] 12/7DANIEL [2] 1/6 3/3day [1] 14/2days [2] 13/1 15/21decide [2] 8/16 16/25decided [1] 13/7decision [2] 11/12 11/14deem [1] 3/19defendant [9] 1/7 1/20 2/2 3/24 4/1 4/19 4/225/10 8/21defendant's [4] 4/15 5/9 8/25 9/7defending [1] 3/21defense [8] 3/5 3/17 4/1 4/1 4/7 4/20 4/248/16

defenses [1] 4/16denied [1] 14/13department [1] 14/9deprived [1] 5/10Despite [1] 4/5determination [1] 5/13devote [1] 3/20dictum [1] 12/13did [3] 15/3 15/7 15/11didn't [11] 4/15 7/9 9/12 9/16 9/18 9/19 9/1911/3 14/15 15/5 18/7different [1] 15/16directly [1] 6/11dirty [1] 13/4disclosed [1] 6/7

discovery [2] 10/1 15/8discretion [1] 17/14dismiss [3] 8/20 9/18 16/10dismissal [9] 3/18 5/6 5/15 8/24 9/1 9/5 9/815/24 16/16dismissed [1] 9/3dismisses [1] 16/6disobedience [1] 12/3dispensed [1] 9/4DISTRICT [14] 1/1 1/1 1/10 5/24 6/24 7/17/12 7/21 10/13 10/17 10/20 10/22 16/2417/7do [10] 5/16 5/16 5/19 6/4 8/2 10/6 11/3 15/615/25 18/7docket [1] 11/9

documented [1] 13/3does [3] 7/25 16/15 17/9doesn't [2] 8/7 17/21doing [1] 14/10don't [21]done [1] 9/6double [3] 5/7 8/19 8/22doubt [1] 14/6duck [1] 12/22due [1] 5/6during [1] 14/25

Ee-mails [1] 12/22editorializing [1] 14/5either [4] 5/5 6/6 6/9 17/1ELLIOTT [1] 2/2else [3] 7/16 11/20 19/10en [2] 7/17 7/18ending [1] 13/9

enforce [1] 15/3entitled [2] 19/19 20/4

equal [1] 12/20erred [1] 3/25erroneous [2] 4/25 15/11error [5] 3/16 3/19 5/2 15/3 16/4ESQUIARE [1] 1/13ESQUIRE [3] 1/13 1/20 2/2establish [1] 17/25even [1] 15/9events [1] 6/4ever [1] 7/7Everybody [1] 12/5evidence [3] 9/16 9/17 9/19exactly [7] 6/10 6/12 9/22 9/25 10/5 10/510/18exclude [1] 9/16Executive [1] 14/10

Express [1] 16/23extend [1] 15/19

FF3 [1] 7/17Facciola [4] 11/7 13/25 14/4 19/3Facciola's [1] 14/21facie [1] 14/5fact [4] 4/2 4/5 5/17 15/8facts [1] 15/14fairly [1] 12/18fall [1] 10/2familiar [1] 16/20fax [2] 1/17 1/18Federal [4] 6/22 7/19 8/5 13/9

FELDMAN [5] 1/20 1/21 3/4 11/23 19/8file [4] 5/14 14/15 15/4 16/25filed [3] 10/8 11/6 11/10filing [1] 11/1filthy [3] 13/4 14/6 15/22find [1] 11/14finding [1] 9/2finds [2] 17/2 17/4Fire [1] 14/20first [4] 5/19 9/11 11/18 14/18FL [1] 2/4Floor [1] 1/22forbid [1] 19/4force [1] 13/19forced [1] 3/20

foregoing [1] 20/2forfeit [2] 12/5 12/16Fort [1] 2/4forward [1] 9/13found [3] 6/6 16/21 17/12Friday [1] 1/5friends [1] 13/1full [1] 16/16

GGeneral [1] 13/11

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GGEORGE [5] 1/13 3/3 11/25 14/19 14/20get [3] 12/20 15/22 15/23give [1] 18/17go [1] 5/3God [1] 14/2going [6] 4/19 9/13 11/11 12/20 14/2 18/9good [9] 3/6 3/7 11/24 12/19 13/12 13/23

14/11 17/11 17/19goodness [1] 19/3

got [4] 5/23 11/8 12/5 12/19government [17] 1/4 1/13 3/4 3/14 3/20 4/114/14 4/17 5/8 8/16 11/25 14/6 14/23 15/2315/24 16/11 17/25government's [3] 3/18 3/22 14/12grant [1] 9/19great [3] 6/21 13/16 13/20grounds [1] 3/17guess [2] 11/15 11/16guilt [2] 9/2 9/4guilty [1] 4/16

Hhad [2] 13/23 14/6hadn't [2] 10/3 10/16hands [4] 13/4 13/5 14/6 15/22

happened [1] 12/17Hard [1] 17/19has [13] 3/24 4/1 4/6 4/21 4/22 5/10 5/145/24 7/7 13/18 17/12 17/25 19/11hats [1] 15/1have [24]haven't [1] 10/23having [2] 10/12 14/9he [25]he's [1] 14/11hear [2] 4/10 11/17heart [1] 15/22held [1] 5/8here [9] 4/6 5/12 10/9 10/19 11/8 14/5 15/1317/2 18/9

heretofore [2] 7/22 8/2hero [2] 13/17 13/20high [1] 12/19higher [1] 6/16him [4] 4/16 8/22 8/23 13/21his [9] 3/24 5/10 5/11 5/14 13/1 13/17 15/1417/10 17/20history [1] 17/16Hold [1] 16/18Honor [32]Honor's [1] 7/10HONORABLE [1] 1/10hours [1] 13/7House [3] 12/19 13/6 13/23how [3] 7/25 13/2 13/12

II'll [4] 9/11 11/17 18/17 19/14I'm [7] 10/23 11/7 14/5 15/20 16/18 18/918/9I've [1] 16/19imminent [1] 12/20implicit [1] 7/11Incorporated [1] 16/23indicated [1] 14/22indications [1] 5/12

indictment [2] 4/3 9/18indisputable [1] 3/16inferior [1] 17/6instated [1] 9/4instead [1] 11/7institution [2] 4/3 4/3intended [1] 12/12intention [1] 5/14interest [2] 14/7 14/8interesting [1] 14/7interlocutory [1] 9/14

involved [2] 11/12 12/6is [56]island [1] 14/20isn't [1] 15/11issue [5] 5/21 7/5 10/15 11/11 17/5issued [1] 5/24it [48]it's [17] 4/23 6/2 7/2 7/8 9/5 9/5 9/6 9/7 12/1814/21 15/13 15/15 17/11 17/13 17/14 17/2518/11itself [1] 5/8

JJames [1] 12/6

jeopard [1] 16/7jeopardized [1] 3/23

jeopardy [5] 5/7 8/19 8/22 15/5 16/12job [1] 15/14judge [57]Judges [1] 19/5

judgment [3] 5/6 9/4 9/6judicial [2] 14/9 14/9jurisdiction [11] 5/21 6/16 6/22 7/4 7/5 10/718/1 18/2 18/10 18/21 19/3

jury [3] 15/13 15/13 15/16jury's [1] 15/15just [2] 15/21 16/11justice [1] 14/7

KKENT [3] 2/2 2/3 3/4

key [1] 14/1kind [1] 17/3knew [1] 13/10know [9] 11/5 11/13 13/2 13/2 13/3 13/1315/9 17/1 18/13

LLAMBERTH [1] 1/10lame [1] 12/22language [2] 7/11 7/18later [1] 10/25Lauderdale [1] 2/4law [4] 13/13 15/14 17/17 17/19Lechants [1] 13/20legal [4] 13/4 13/12 16/4 18/12

length [1] 6/21let [4] 7/9 7/14 9/11 16/20let's [2] 12/14 15/2level [1] 12/19Lexis [1] 16/24liable [1] 16/9lie [1] 10/21Lieutenant [2] 12/7 14/3like [1] 17/11limine [2] 3/19 4/14little [2] 12/15 17/15

local [2] 6/22 13/14long [1] 7/20look [2] 7/16 16/24lose [1] 5/17lost [1] 9/8lower [3] 6/19 6/25 6/25

Mmagistrate [19] 3/2 3/15 4/6 4/21 4/23 5/3

5/25 6/18 6/23 6/25 7/13 8/15 9/10 9/1310/13 10/15 11/6 17/3 17/18

mails [1] 12/22make [3] 9/11 13/13 17/19makes [2] 7/4 7/6mandamus [20] 5/1 5/18 5/21 5/24 6/17 7/57/20 7/23 8/8 9/23 10/7 10/15 10/21 11/914/12 17/5 17/17 18/5 18/8 18/22March [2] 12/3 12/4masonry [1] 13/22Massachusetts [1] 16/22matter [3] 15/22 19/20 20/4may [7] 3/8 3/13 11/16 11/24 11/25 12/8 15/9Maybe [1] 10/24me [7] 7/8 7/9 7/14 8/1 16/20 17/11 19/12mean [2] 7/25 12/11means [1] 8/1meet [1] 8/3

merits [5] 3/17 4/1 4/7 4/24 11/17Meyers [1] 13/12might [1] 8/21minute [1] 18/17MJ [1] 1/3more [1] 13/14morning [3] 3/6 3/7 11/24most [1] 19/7motion [6] 3/18 3/25 4/14 5/15 14/15 15/4move [1] 14/12Mr [6] 3/4 3/4 3/4 11/23 19/8 19/10Mr. [2] 5/5 5/12Mr. Choi [1] 5/12Mr. Choi's [1] 5/5Ms [4] 3/3 11/25 14/19 14/20

much [3] 3/11 13/14 19/16my [11] 3/9 13/1 13/23 14/18 14/22 14/2415/23 16/15 16/21 18/4 18/13

NN.W [2] 1/15 2/8name [1] 11/2naming [1] 11/10necessarily [2] 6/24 6/25need [4] 4/15 5/1 5/18 12/23neither [1] 17/11never [2] 13/19 16/19new [2] 1/22 9/19news [1] 12/25no [20] 5/2 6/5 6/8 6/8 6/9 6/10 7/7 8/10 8/12

9/14 9/21 10/2 10/8 10/20 11/21 15/12 15/1315/13 18/6 18/8norm [1] 2/5NORMAN [1] 2/2normkent.com [1] 2/5not [26]November [4] 12/4 12/18 12/25 13/7now [6] 7/14 8/14 9/10 11/16 12/11 16/6number [3] 7/1 11/6 11/10NY [1] 1/22

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OObama's [1] 13/6objected [1] 4/11objection [3] 4/9 5/16 9/7obtained [1] 7/23October [2] 1/5 4/17October 31st [1] 4/17offense [1] 13/14

OFFICE [2] 1/14 16/17officers [1] 13/16

Official [2] 2/7 20/8officials [1] 12/19okay [13] 5/19 7/9 10/10 11/1 15/10 15/1317/20 17/24 18/3 18/15 19/1 19/6 19/8once [1] 10/1one [10] 6/1 7/16 11/16 12/3 12/3 12/4 12/1012/15 12/17 13/16onions [1] 14/24only [5] 9/23 12/6 14/5 14/5 15/14open [1] 16/17operate [1] 16/12opinion [3] 7/17 13/12 17/10opportunity [1] 8/17option [1] 9/23ORAL [1] 1/9order [1] 6/24

ordered [2] 10/1 10/3ordinarily [1] 11/9other [6] 5/2 6/6 7/2 11/17 13/14 16/15our [6] 5/17 6/21 7/19 9/8 10/14 17/16out [5] 11/14 12/11 12/11 12/25 14/10over [6] 5/16 9/6 10/7 10/12 15/20 18/21

PPA [1] 2/3page [1] 7/18Pages [1] 1/25papers [1] 18/7paralegal [1] 3/9park [1] 13/15parking [1] 13/9

part [2] 10/24 19/7particular [1] 5/11pentacle [1] 14/1people [1] 12/6permission [1] 3/8permitted [1] 7/22persisting [1] 9/13person [1] 11/10Peter [2] 12/6 14/3petition [5] 10/7 11/2 11/5 11/9 18/22petitioner's [1] 17/25petty [1] 13/14ph [2] 13/18 13/20phone [2] 14/19 14/19picture [1] 12/2

plain [1] 7/11plan [1] 19/12pleadings [1] 3/24please [4] 3/13 11/25 11/25 18/13pleasure [1] 14/14point [6] 6/11 7/10 10/4 13/23 14/1 15/3position [3] 15/25 16/7 17/24possibility [1] 9/21post [3] 9/1 12/5 12/16pre [3] 5/14 8/25 9/6pre-verdict [3] 5/14 8/25 9/6

precedent [1] 17/11precluded [1] 8/17preserving [1] 14/8President [1] 13/6presume [1] 17/1pretty [2] 7/2 17/11prevent [1] 8/20prima [1] 14/5prior [1] 15/7problem [2] 9/1 15/10procedurally [1] 3/22

procedure [4] 6/23 7/20 8/5 8/13proceeding [2] 5/10 5/13proceedings [3] 5/4 19/19 20/3process [1] 5/7promptly [1] 19/15prosecution [6] 3/16 4/4 4/7 4/20 5/4 16/2protest [1] 12/20protests [1] 12/3prove [2] 4/16 13/2pun [1] 12/12pursue [2] 4/19 14/25

Qquestion [3] 5/20 11/17 17/17questioning [1] 13/24questions [1] 19/12

quote [1] 7/25

Rraise [1] 8/22raised [1] 4/8raises [1] 5/20Randy [1] 13/11rank [1] 13/17ranks [1] 12/8rather [3] 3/17 10/21 13/13re [3] 6/15 7/16 16/22really [2] 12/17 17/15reason [2] 5/1 5/2reasoning [1] 11/13reasons [1] 7/2

record [5] 12/18 12/24 16/15 16/17 20/3refer [2] 12/8 12/22referred [1] 12/23refers [1] 16/14refused [1] 10/14refusing [1] 3/18relevant [1] 4/16relief [1] 7/22rely [1] 18/13remarkably [1] 17/8remedy [1] 5/2remember [2] 12/21 13/17repeal [1] 12/20reply [2] 6/21 10/14reported [2] 5/23 7/7

Reporter [4] 2/7 2/7 20/1 20/8research [1] 16/21reserved [1] 4/10resources [1] 3/21respect [1] 14/13respected [1] 16/21respond [2] 11/14 19/12respondent [2] 5/20 11/18response [1] 17/20retry [1] 8/23reversed [1] 8/22

review [1] 8/17reviewed [1] 9/3right [17] 3/12 3/22 5/11 5/17 6/13 8/14 8/219/8 11/15 11/16 11/22 13/24 13/25 15/2 15/218/15 19/14ROBERT [2] 1/20 1/21robertjfeldman [1] 1/23Room [2] 1/15 2/8ROYCE [1] 1/10rude [2] 18/9 18/11rule [12] 3/18 4/11 4/14 6/23 7/19 7/22 8/4

8/5 15/4 17/21 17/21 19/15ruled [2] 5/15 14/24rules [4] 7/19 7/24 8/5 8/11ruling [1] 3/23

Ssaid [4] 4/9 4/15 4/21 13/19same [1] 10/3saw [1] 13/19say [6] 7/8 7/9 8/8 9/24 12/14 18/9says [3] 6/15 7/19 15/4Scott [2] 5/8 9/8SE [1] 2/3second [2] 12/10 12/15seek [1] 8/17seem [1] 6/4

seen [1] 16/19selection [1] 4/19selective [4] 3/16 4/7 5/4 16/1selectively [1] 14/23senior [1] 12/19sentence [1] 19/4separate [1] 11/9service [1] 12/12session [2] 4/17 12/22she [1] 4/11should [1] 15/23show [1] 15/23side [4] 6/6 13/15 17/2 17/12sidewalk [1] 13/22significant [1] 3/21

similar [2] 17/3 17/8simply [3] 8/20 9/4 9/12since [3] 11/2 14/25 17/11sir [1] 18/13sit [1] 3/9sitting [1] 15/18so [13] 4/22 5/15 6/4 6/9 6/24 8/7 9/21 11/1312/25 13/1 15/12 16/24 17/10Solicitor [1] 13/11some [2] 12/18 19/12something [2] 7/15 16/25sometime [1] 15/8SORENSEN [2] 2/7 20/7Sort [1] 12/13sought [1] 8/23

sounds [2] 17/7 17/11sp [2] 13/18 13/20specific [1] 19/11specifically [3] 4/18 4/21 10/14spied [1] 13/10spurious [1] 19/13stage [1] 17/16stand [1] 10/24start [1] 4/13STATES [7] 1/1 1/3 1/10 1/14 1/14 3/3 16/16status [1] 4/9

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Sstatute [4] 6/20 7/11 12/21 15/17statutory [1] 7/2Sterns [2] 17/2 17/4still [1] 14/2stop [1] 15/2stopped [1] 13/23Stoutameyer [1] 13/18

STRAND [4] 1/13 3/4 3/14 19/10STRANTON [1] 1/13

Stratton [1] 3/13stratton.strand [1] 1/19Street [3] 1/15 1/21 2/3structure [1] 7/12submit [1] 14/4submitted [1] 19/15successful [2] 12/5 12/16Suite [1] 2/4superior [2] 7/3 13/14supervisory [1] 10/12supplemental [1] 16/25supports [1] 6/20suppose [1] 14/20suppress [2] 9/17 9/19sure [9] 10/23 11/7 12/9 16/19 17/9 18/2018/20 18/23 18/25

surprised [1] 17/16

Ttable [1] 3/9take [5] 6/5 7/10 9/12 11/2 17/12taken [2] 9/15 17/7talk [1] 18/18Tell [1] 12/21Tenant [1] 6/15terminate [1] 5/3terms [1] 11/1test [1] 8/3testified [3] 4/22 14/3 14/4than [5] 3/17 10/21 13/13 15/16 16/15Thank [11] 3/11 11/19 12/14 17/13 18/16

18/19 19/8 19/9 19/16 19/17 19/18that [87]that's [9] 5/17 6/18 10/8 11/16 12/13 13/313/3 15/10 15/19their [4] 12/5 12/8 12/22 16/7them [3] 12/8 13/10 13/11then [10] 5/20 6/18 8/16 8/22 9/2 9/7 9/1213/6 14/1 15/10theory [1] 4/20there [23]there's [6] 5/2 6/5 6/9 7/7 11/15 15/12Therefore [1] 14/12THERESA [2] 2/7 20/7they [7] 12/11 12/22 13/1 13/3 13/10 13/1013/11

think [5] 6/5 7/2 7/6 7/15 15/12third [1] 12/17this [30]though [1] 10/20thought [1] 10/24three [6] 9/20 12/3 13/1 13/7 14/2 15/21three-day [1] 14/2through [3] 1/25 5/5 10/24ticket [1] 13/10time [3] 9/15 10/24 15/15transcript [2] 1/9 20/3

treated [1] 4/6treating [4] 3/16 3/25 3/25 4/24trial [15] 4/8 4/9 4/13 5/11 8/23 9/19 14/214/11 14/13 14/16 14/25 15/5 15/16 15/2116/16tribunal [1] 5/11troubling [1] 7/25trust [1] 19/5try [3] 4/10 15/14 15/14twist [1] 13/12two [3] 12/6 15/1 15/21

UU.S [3] 11/6 11/7 16/24under [5] 4/11 6/22 6/22 9/8 9/20understand [2] 8/14 11/7UNITED [7] 1/1 1/3 1/10 1/14 1/14 3/3 16/16unless [3] 16/11 17/10 19/11unsuccessful [2] 13/8 13/8unsung [2] 13/16 13/20until [1] 4/16unusual [1] 6/4up [3] 10/25 13/9 16/24us [1] 14/25usdoj.gov [2] 1/17 1/19

Vvagueness [1] 13/22valued [1] 5/10verdict [5] 5/5 5/14 8/25 9/1 9/6versus [2] 3/3 13/22very [7] 3/11 13/12 14/22 16/21 17/3 17/1319/16vindictive [1] 16/2vindictively [1] 14/23

Wwaive [1] 15/8waived [1] 3/19Wall [1] 1/21want [6] 5/19 11/17 11/20 15/21 16/25 18/17wanted [1] 14/10

wants [1] 15/19was [36]Washington [3] 1/5 1/16 2/9

wasn't [1] 11/12wasting [1] 15/15watching [1] 13/1way [2] 6/9 11/8ways [1] 9/20we [15] 5/1 5/12 5/16 5/17 6/2 6/21 7/10 8/49/1 9/15 10/8 10/13 14/12 19/2 19/4we're [2] 13/9 15/15we've [2] 6/1 9/8wears [1] 15/1well [5] 7/6 9/11 10/2 11/15 18/11went [1] 11/14

were [15] 4/16 5/3 5/16 8/15 8/15 8/20 8/248/25 9/1 12/2 12/6 13/1 13/3 16/10 19/20what [7] 8/1 8/2 12/17 14/10 15/11 15/1917/20what's [1] 16/6whatever [2] 10/2 14/24when [9] 4/10 4/11 4/13 4/17 9/10 9/12 13/2114/3 15/18where [4] 4/9 5/23 6/15 10/19Whereupon [1] 19/19whether [6] 5/8 5/20 8/1 9/7 15/11 17/17

which [5] 6/15 6/16 7/17 8/2 14/2White [3] 12/19 13/6 13/22who [1] 13/18Who's [1] 16/9whom [1] 11/10why [15] 5/17 6/3 6/4 9/11 9/12 10/8 10/1010/20 11/5 11/6 14/15 15/3 15/3 15/5 15/23will [6] 3/20 3/23 4/10 4/10 10/24 19/15willing [1] 14/2within [1] 6/16without [3] 5/5 5/9 8/24

won't [2] 19/4 19/4word [1] 12/19would [27]wouldn't [3] 7/8 11/8 11/11wrestling [1] 13/21writ [7] 5/21 5/24 6/17 7/20 8/8 11/11 17/5Writs [1] 7/4wrong [1] 17/10wrote [1] 13/12

Yyear [2] 15/19 15/20years [1] 13/19Yes [6] 3/10 4/21 5/22 8/9 8/18 16/5yet [1] 16/19York [1] 1/22

you [52]you're [1] 16/20you've [1] 6/6your [51]

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Documents

US vs Choi transcript 2011-10-07 Mandamus