As Huawei Courtroom
Sealed Rare Saturday Session Listed But Not in
Docket
by
Matthew Russell Lee, Patreon Book
Substack
EDNY
COURTHOUSE,
Oct 3 –
With the USA v. Huawei trial sealed in Federal
court in Brooklyn, when those allowed in
poured out for lunch on October 2, there was
loud talk about the travel plans of the
witness for whom, presumably, the courtroom
closure took place, see below and here.
Inner City Press, in the
hallway as the cross examination began at 2:15
pm on Friday, asked lead defense counsel Brian
Heberlig if the defense supported the
courtroom closure. He said, politely, that he
couldn't comment. Inner City Press asked a
prominent AUSA when the transcripts would be
available. He acknowledged it would be
quickly; now we understand that the parties
will negotiate redactions and then post it,
but give it to Judge Donnelly. So, when?
The docketed minute
enter for Oct 2 gave no indication that the
day had been sealed - but said, continued to
Oct 6. But while not in PACER, the EDNY
website lists a rare Saturday session. Unless
the Press decided to just stand getting "no
comments" all afternoon, there would have be
no way to know - no notices sent out, PACER
misleading. We'll have more on this.
[Given the posture, and that
Inner City Press' discrete X for Subscribers
and Substack posts about what was loudly said
in the hall are now public, some surmise that
the witness said if the cross didn't end
Friday, they would do Saturday but not Monday.
We'll see - the trial has become entirely
murky.]
Presiding Judge Ann Donnelly
had said everyone who was not a lawyer for
Huawei or the Government had to leave. She had
not, at least in the docket, ruled on Inner
City Press' docketed filing opposing the
closure. (Earlier on September 8 she had
instructed prospective jurors: "China and the
Communist Party … are not on trial."
The same was said, or
claimed, in the Southern District of New York
in the UN corruption trials of CCP-member Ng
Lap Seng, and CCP-NGO boss Patrick Ho of the
China Energy Fund Committee. Both were
convicted. But is Huawei different?
On September 9 Inner City Press
put out a 20 tweet thread of the opening
arguments, on X
and Bluesky.
September 9 extra on X for
subscribers here
and Substack here
On September 16-17 Inner
City Press published a book, Huawei on Trial
in Brooklyn, Surveillance from Iran to the UN,
here.
It contains information on how Huawei enables
surveillance by many UN states / the UN. In
the White House on September 18 there was talk
now minimizing spying.
On the afternoon of September
18, this: "on the government's motion to close
the courtroom for three witnesses's testimony.
The government's motion and all supporting and
opposing briefing have been filed under seal.
(See ECF Nos. 789, 812, 815, 862, 863.) The
Court grants the government's motion. The
closure of the courtroom will be tailored by
providing access to redacted transcripts as
soon as possible after the witnesses's
testimony. Opinion setting forth the Courts
reasoning in detail to follow. Ordered by
Judge Ann M. Donnelly on 9/18/202."
Inner City Press that
night emailed opposition to the closure, along
with a request that DOJ's motions for the
closure be unsealed, docketed here.
No ruling, and all morning -
seemingly, all day - courtroom sealing on
October 2. At the lunch break, a woman Inner
City Press had seen in the Courthouse Cafe
during some of the sealing approached one of
the prosecutors loudly about the witness'
travel plans.
More on X for Subscriber here
and Substack here
Back on September 30 HSBC Alan
O. Thomas was on the stand all day - Inner
City Press live tweeted, here.
We continue to await exhibit(s) - even as
Inner City Press has appealed EDNY sealing to
the 2d Circuit...
More/update on X for Subscribers here
and Substack here
***
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