DOJ-OGR-00019931.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page72 of 200 1 in this case. As the chief judge of the district has 2 recognized in order number 20MC176, COVID-19 remains a national 3 emergency that restricts normal operations of the courts. 4 Conducting this proceeding in person is not safely feasible. 5 Second, the measures taken by the court are no broader 6 than necessary to address the challenges posed by the pandemic. 7 Although the number of seats in the jury assembly room is 8 limited to 60, it is necessary to do so for public and 9 courthouse staff safety and is closely equivalent to the number 10 of people who would be able to watch an in-court proceeding in 11 a regular-sized courtroom. The number of people who will be 12 able to hear the live audio of this proceeding far exceeds 13 access under normal in-person circumstances. 14 Lastly, given the safety and technology limitations, 15 there are no reasonable alternatives to the measures the court 16 has taken. 17 Accordingly, the access provided is fully in accord 18 with the First and Sixth Amendment public trial rights. 19 With those preliminary matters out of the way, 20 counsel, I propose we turn to the arraignment. 21 Ms. Moe, am I correct that this is an arraignment on 22 the S1 superseding indictment? 23 MS. MOE: That's correct, your Honor. 24 THE COURT: Can you explain what the difference is 25 between the S1 and the original indictment? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019931