United States v. Barrow

Opinion

      

EXHIBIT B

1

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA 2 * * * * * * * * * * * * * * * * )

3 UNITED STATES OF AMERICA, ) Criminal Action ) No. 20-00127

4 Plaintiff, )

)

5 vs. )

)

6 CHANCE BARROW, ) Washington, DC ) June 24, 2021

7 Defendant. ) 8:42 a.m.

) (MORNING SESSION)

8 * * * * * * * * * * * * * * * * )

9 TRANSCRIPT OF JURY TRIAL

10 BEFORE THE HONORABLE COLLEEN KOLLAR-KOTELLY, UNITED STATES DISTRICT JUDGE 11

12 APPEARANCES:

13 FOR THE GOVERNMENT: ELIZABETH A. ALOI, ESQ.

14 AMANDA R. VAUGHN, ESQ.

UNITED STATES ATTORNEY'S OFFICE 15 FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW

16 Eleventh Floor Washington, DC 20530

17

18 FOR THE DEFENDANT: EUGENE OHM, ESQ.

OFFICE OF THE FEDERAL PUBLIC 19 DEFENDER 625 Indiana Avenue, NW

20 Suite 550 Washington, DC 20004

21

22 REPORTED BY: LISA EDWARDS, RDR, CRR Official Court Reporter

23 United States District Court for the District of Columbia

24 333 Constitution Avenue, NW Room 6706

25 Washington, DC 20001 (202) 354-3269

2

I N D E X

2

3 4 The Court's Charge to the Jury Page 13 5 Question from the Jury Page 61 6 Page 65

3

08:42:38AM 1 THE COURT: This is the United States versus 08:42:40AM 2 Chance Barrow, 20-CR-127. 08:42:42AM 3 Counsel, would you identify yourselves for the 08:42:45AM 4 record. 08:42:45AM 5 MS. ALOI: Good morning. Liz Aloi and Amanda 08:42:50AM 6 Vaughn for the United States. 08:42:51AM 7 THE COURT: Good morning. 08:42:56AM 8 MR. OHM: Eugene Ohm on behalf of Mr. Barrow. 08:42:58AM 9 Good morning, your Honor. 08:42:58AM 10 THE COURT: Good morning. 08:42:59AM 11 A couple things: I brought you in early because 08:43:01AM 12 it dawned on me there were a couple of instructions to go 08:43:04AM 13 over. 08:43:04AM 14 I have left the instruction relating for them to 08:43:11AM 15 no longer consider the national security clearance. 08:43:19AM 16 THE COURTROOM DEPUTY: (Connecting public 08:43:23AM 17 telephone line.) 08:43:24AM 18 THE COURT: We'll wait until after we start the 08:43:34AM 19 instructions to do that, Dorothy. I want to get moving. 08:43:34AM 20 I realize, Mr. Ohm, you had insufficient evidence 08:43:44AM 21 there. They didn't give any reason, and they're not 08:43:47AM 22 required to. So I'm not going to have them speculate as to 08:43:49AM 23 why that got dropped out. The point is, it's no longer 08:43:52AM 24 there. I want to make sure they're not looking for this or 08:43:56AM 25 thinking about it.

4

08:43:56AM 1 The other one is the defense theory, which I had 08:44:00AM 2 done a short one. You objected, so I did a longer one. 08:44:04AM 3 And the problem with what you had proposed -- and 08:44:09AM 4 I worked from the second one -- for the defense theory, 08:44:13AM 5 frankly, your defense theory is insufficient evidence. 08:44:16AM 6 There isn't identification or entrapment or something that 08:44:20AM 7 we would put something in. There isn't any particular 08:44:24AM 8 additional evidence you're focusing on. What you're 08:44:27AM 9 focusing on is really that the Government didn't prove their 08:44:30AM 10 case. 08:44:30AM 11 It's a defense theory as an instruction. It's not 08:44:35AM 12 argument. The way you wrote it is like it's argument. I 08:44:41AM 13 read it, and it's an instruction. So it needs to be put in 08:44:43AM 14 the language of an instruction. 08:44:44AM 15 So what I've done is started off with what you 08:44:48AM 16 said, which was that he's not guilty -- asserts he's not 08:44:53AM 17 guilty, and your theory that there's insufficient evidence 08:44:58AM 18 to prove beyond a reasonable doubt each of the required 08:45:01AM 19 elements. 08:45:01AM 20 The specific language is what you focused on in 08:45:05AM 21 your version with some annotations and things in there, 08:45:11AM 22 which is argument and not something the Court would give. 08:45:15AM 23 So you can take a look at it. It's either nothing or this. 08:45:20AM 24 So I'll let you take a look at it in terms of 08:45:22AM 25 doing it. But it picks up all of the things that you

5

08:45:26AM 1 focused on specifically. Just put it in instruction 08:45:31AM 2 language. 08:45:32AM 3 MR. OHM: Your Honor, it's certainly preferable to 08:45:36AM 4 the one that the Court sent out yesterday. It's our 08:45:39AM 5 position that the first defense -- the theory-of-the-defense 08:45:43AM 6 instruction with facts is the most appropriate one. But 08:45:46AM 7 we'll accept this over nothing. 08:45:49AM 8 THE COURT: As I said, what you wrote was more 08:45:52AM 9 like an argument. So I'm not giving that. 08:45:55AM 10 The next thing -- 08:45:56AM 11 MR. OHM: Your Honor, some judges, I know, also 08:45:58AM 12 deal with that problem by just saying "the defense contends" 08:46:02AM 13 in the beginning. 08:46:02AM 14 THE COURT: Well, I have it as "it asserts." But 08:46:05AM 15 it still is -- the way you presented it, it still is more 08:46:08AM 16 casual in terms of not being an instruction. It is part of 08:46:12AM 17 the instructions, so that's why I'm giving it this way. 08:46:14AM 18 In terms of exhibits, there will be a signed sheet 08:46:20AM 19 that you need to sign to indicate what's going back. I want 08:46:23AM 20 to clarify for the record that the NCIS notes are going to 08:46:34AM 21 be 13-A. They were not admitted. But I want to make sure 08:46:37AM 22 on the record that that's what they are. 08:46:38AM 23 The email with Trevor Nelson -- the email with the 08:46:43AM 24 Trevor Nelson chain is 13. These are defense exhibits. 08:46:48AM 25 They wound up as both being 13. So I'm making a distinction

6

08:46:51AM 1 between 13 and 13-A. 13-A, which is the NCIS notes, didn't 08:47:03AM 2 get admitted. So they're not going to get that. 08:47:05AM 3 There will be a sign-in sheet before the exhibits 08:47:07AM 4 are sent back to the jury for you to look at them and make 08:47:09AM 5 sure you agree this is what got admitted and is going back 08:47:12AM 6 there. 08:47:13AM 7 Electronically, if you have them set up 08:47:19AM 8 electronically with nothing else on them in terms of their 08:47:23AM 9 only being the things that are admitted -- so they're copies 08:47:27AM 10 of the exhibits -- we can consider if people look at it and 08:47:32AM 11 send it back because they've got big screens. Otherwise, 08:47:39AM 12 they're looking at paper, which has to be passed around. So 08:47:40AM 13 it's something you may want to consider. 08:47:42AM 14 We should talk to John Cramer, Dorothy, when we're 08:47:46AM 15 finished with the instructions for him to help us as to how 08:47:48AM 16 it can be shown. Because if somebody back there -- we've 08:47:52AM 17 got a clean laptop. They can just show it and everybody can 08:47:55AM 18 look at them. But it should be only the exhibits that were 08:47:58AM 19 admitted. 08:47:58AM 20 My understanding is that you all just had a laptop 08:48:01AM 21 with nothing else on it. But I could be wrong. That's 08:48:04AM 22 usually what they do. Yes? No? 08:48:09AM 23 MS. ALOI: Yes. 08:48:10AM 24 THE COURT: I'll let you confer, both sides, with 08:48:13AM 25 John Cramer when he comes as to what's to be sent back.

7

08:48:17AM 1 Obviously, you will have paper copies, but that doesn't get 08:48:21AM 2 easily sent around for everybody to take a look at it, 08:48:24AM 3 because they've got big screens. It's a courtroom just like 08:48:26AM 4 this. 08:48:29AM 5 Ms. Aloi, did you want to say something? 08:48:31AM 6 MS. ALOI: No. We're all squared away. 08:48:33AM 7 THE COURT: So I'm assuming the same thing, 08:48:38AM 8 Ms. McElvein, that you've got the same thing in terms of 08:48:41AM 9 your exhibits that can be done electronically without too 08:48:45AM 10 much trouble? 08:48:46AM 11 MS. McELVEIN: Yes. I can certainly do that 08:48:51AM 12 without too much trouble. 08:48:52AM 13 THE COURT: We'll just double-check with 08:48:54AM 14 Mr. Cramer so nothing goes back that creates a problem at a 08:48:57AM 15 later point. But, anyway, they've got big screens like we 08:49:00AM 16 have here. It's exactly the same setup. And so it's just 08:49:03AM 17 easier for all of them to take a look at documents that are 08:49:06AM 18 at issue. 08:49:08AM 19 You should know that their lunches are at 12:30, 08:49:12AM 20 because that's what the kitchen does. 08:49:15AM 21 As I understand it, they're doing -- what are they 08:49:17AM 22 doing? They're bringing up sandwiches? Dorothy, what's 08:49:19AM 23 happening with them? They're not doing any lunch? 08:49:22AM 24 THE COURTROOM DEPUTY: Everybody just buys their 08:49:23AM 25 own lunch. The marshal takes them downstairs all together.

8

08:49:26AM 1 THE COURT: Oh, they go down. That's what I was 08:49:28AM 2 asking. 08:49:29AM 3 So I can tell them correctly, just tell me, what 08:49:31AM 4 happens at lunch? 08:49:32AM 5 THE COURTROOM DEPUTY: The CSO will come up and 08:49:35AM 6 get them, take them downstairs for them to get their lunch 08:49:38AM 7 and bring it back up. 08:49:40AM 8 THE COURT: I wasn't sure what they were going to 08:49:42AM 9 do. 08:49:42AM 10 At the end of this, we'll have a discussion as 08:49:49AM 11 well as to where counsel is going to be while we have them 08:49:53AM 12 deliberating. 08:49:54AM 13 I would stay in the courthouse, at least 08:49:57AM 14 initially. If we're going to get notes, we tend to get them 08:50:00AM 15 at the beginning. If you're going to be out of the 08:50:02AM 16 courthouse, we need to have a cell phone or some way to know 08:50:06AM 17 where you are. You can't be too far. We only call one 08:50:11AM 18 person for each side. 08:50:15AM 19 Mr. Barrow, you should stay with your lawyer so 08:50:17AM 20 we're not trying to find you as well. 08:50:19AM 21 THE DEFENDANT: Yes, your Honor. 08:50:19AM 22 THE COURT: The break is at 12:30. And they come 08:50:22AM 23 back roughly -- they'll be finished with their lunch around 08:50:26AM 24 1:30. If you're going to go someplace during that period of 08:50:30AM 25 time, check in with the courtroom to make sure they haven't

9

08:50:35AM 1 sent us -- they tend to send notes or verdicts just before 08:50:40AM 2 lunch or right after lunch. So if we're not able to get you 08:50:42AM 3 and you're off someplace, it sort of delays the matter. 08:50:46AM 4 So I don't know where you're going to hang out, 08:50:48AM 5 the courthouse, or if you're going someplace else. Anyway, 08:50:53AM 6 just be prepared to let us know at the end. 08:50:59AM 7 I think that's it. Let me just look at one other 08:51:02AM 8 thing. 08:51:07AM 9 There will be a CSO that will be out of the 08:51:09AM 10 courtroom. They have to communicate with us with notes. 08:51:12AM 11 They will get two copies of the verdict form. 08:51:15AM 12 They'll send a note back when they reach a unanimous verdict 08:51:20AM 13 with the verdict form. They keep one; we get one. We bring 08:51:25AM 14 them out, ask them -- the foreperson to stand. 08:51:29AM 15 So we need to have the foreperson have a hand mic 08:51:33AM 16 to be able to do the verdict when we get it, Dorothy. 08:51:37AM 17 THE COURTROOM DEPUTY: Okay. 08:51:38AM 18 THE COURT: And then if there's a poll, we'll have 08:51:41AM 19 to hand it around to each of the jurors, assuming that's 08:51:46AM 20 what happens. 08:51:47AM 21 Let me see what else there is. 08:51:49AM 22 I'm going to say all of this again so they will 08:51:52AM 23 not have missed anything. 08:51:53AM 24 Do we have all the jurors? 08:52:00AM 25 THE COURTROOM DEPUTY: No.

10

08:52:03AM 1 THE COURT: Any other aspects of this, Dorothy, we 08:52:06AM 2 need to go over, since it's not our usual jury room? 08:52:09AM 3 THE COURTROOM DEPUTY: No. 08:52:37AM 4 THE COURT: Now we can get the line in the 08:52:42AM 5 overflow courtroom set up. 08:52:43AM 6 THE COURTROOM DEPUTY: (Connects public telephone 08:52:50AM 7 line.) 08:52:51AM 8 THE COURT: You'll see we did a table of contents 08:52:54AM 9 so they can find things more easily in terms of the pages. 08:53:20AM 10 MR. OHM: Your Honor, for the one about the 08:53:23AM 11 national security, for the revocation of national security 08:53:27AM 12 clearance issue, is that in here? 08:53:29AM 13 THE COURT: Yes. 08:53:30AM 14 MR. OHM: What page is it on? 08:53:33AM 15 THE COURT: Hold on. 08:53:39AM 16 It's Page 21. 08:53:40AM 17 MR. OHM: Okay. Thank you. 08:56:55AM 18 THE COURT: Is the phone working? 08:56:57AM 19 THE COURTROOM DEPUTY: Yes. 08:56:57AM 20 THE COURT: Is the overflow courtroom working or 08:57:00AM 21 not? 08:57:01AM 22 THE COURTROOM DEPUTY: Yes. It should be. 09:02:21AM 23 MR. OHM: Your Honor, just so the Court knows, we 09:02:23AM 24 don't have an extra flash drive, but we're trying to get 09:02:26AM 25 somebody from the office to run one over. So we'll have

61

10:23:13AM 1 Do they need some assistance with the electronic 10:23:17AM 2 stuff going in there, into the other courtroom, do you 10:23:23AM 3 think, Dorothy? 10:23:24AM 4 THE COURTROOM DEPUTY: I don't know, Judge. I 10:23:26AM 5 need to find out who's the foreperson, if they know how to 10:23:31AM 6 use the equipment. I haven't had time to do any of this 10:23:33AM 7 yet. 10:23:33AM 8 THE COURT: That's fine. That's why I'm 10:23:35AM 9 suggesting we get help. 10:26:18AM 10 (Thereupon a recess was taken, after which the 01:19:30PM 11 following proceedings were had:) 01:19:30PM 12 THE COURT: We received a jury note. It was just 01:19:43PM 13 shortly before they went to lunch. So I figured the easier 01:19:47PM 14 thing to do was to come back at 1:15. Their lunch is 12:30 01:19:51PM 15 to 1:30 and that way everybody could get lunch, including 01:19:54PM 16 them. 01:19:54PM 17 So the note reads: "As it relates to Count 1 01:19:57PM 18 only, please clarify what evidence refers to 'supplementary 01:20:03PM 19 materials'? 01:20:04PM 20 "Is it only the USAJobs application and the 01:20:10PM 21 documents uploaded (SF 50, résumé, et cetera) or does it 01:20:15PM 22 include the TIGTA portion that was completed and submitted 01:20:18PM 23 as well?" 01:20:18PM 24 Now, the Government has sent something back that 01:20:21PM 25 indicates that this is a factual issue for the jury and they

62

01:20:27PM 1 should be making the decision. 01:20:30PM 2 I frankly somewhat disagree. The indictment 01:20:34PM 3 indicates in it precisely what the supplemental materials 01:20:41PM 4 are. It's the résumé, the SF 15, which is the veterans' 01:20:45PM 5 preference and the SF 50. It did not include the TIGTA 01:20:49PM 6 portion. 01:20:50PM 7 So I'm not sure what documents they're asking to 01:20:51PM 8 look at. If it's fairly clear-cut from the indictment what 01:20:54PM 9 they are, I don't see any reason not to tell them as opposed 01:20:57PM 10 to them trying to figure out which documents are there. 01:21:00PM 11 Mr. Ohm? Do you agree with me or them? 01:21:03PM 12 MR. OHM: I agree with you, your Honor. 01:21:06PM 13 THE COURT: So would you agree it doesn't include 01:21:10PM 14 TIGTA? 01:21:10PM 15 MR. OHM: Yes. I think it's pretty clear that it 01:21:12PM 16 doesn't. 01:21:12PM 17 THE COURT: Government? 01:21:13PM 18 MS. ALOI: Your Honor, that's fine. 01:21:15PM 19 THE COURT: That's fine? 01:21:16PM 20 MS. ALOI: Yes. 01:21:16PM 21 THE COURT: So the note that will go back will be 01:21:19PM 22 something like: In response to your jury note as to Count 1 01:21:24PM 23 regarding which documents are involved in the referenced, 01:21:27PM 24 quote, "supplemental materials," it is the SF 50, résumé, 01:21:40PM 25 et cetera. I'll just put it the way they've done it and not

63

01:21:45PM 1 the TIGTA portion. 01:21:52PM 2 Do we need to say anything else? 01:21:57PM 3 MS. ALOI: Not from the Government's perspective. 01:21:59PM 4 THE COURT: Does that work? 01:22:00PM 5 MR. OHM: I'm sorry. Did the Court say it was 01:22:01PM 6 going to delineate the materials? 01:22:03PM 7 THE COURT: I'm sorry? 01:22:04PM 8 MR. OHM: Did the Court say it was going to 01:22:05PM 9 delineate the materials? 01:22:06PM 10 THE COURT: I'm just going to follow their 01:22:08PM 11 language. So to which documents are included in the 01:22:12PM 12 referenced supplemental materials, it is the SF 50, résumé, 01:22:18PM 13 et cetera. 01:22:18PM 14 So I've used it the way they've described it and 01:22:21PM 15 not -- it does not include the TIGTA portion that was 01:22:24PM 16 completed and submitted as well. So I'm just using their 01:22:28PM 17 language. 01:22:28PM 18 MR. OHM: That's fine. I guess part of me says, 01:22:32PM 19 is "et cetera" only the SF 15? 01:22:35PM 20 THE COURT: As far as I know, it's only the SF 15, 01:22:38PM 21 according to the indictment. That's what I went back and 01:22:40PM 22 looked at. 01:22:40PM 23 MR. OHM: Right. 01:22:40PM 24 THE COURT: Was the veterans' preference put in? 01:22:45PM 25 I can't remember. Was that part of it? I know there was

64

01:22:47PM 1 some discussion, but I don't know -- 01:22:48PM 2 MR. OHM: I believe we put the whole application 01:22:51PM 3 packet in. 01:22:51PM 4 MS. ALOI: It was not in the Government's 01:22:53PM 5 exhibits, but Mr. Ohm supplemented it. 01:22:56PM 6 THE COURT: Did it include that as well? 01:22:58PM 7 MR. OHM: Yes. 01:22:59PM 8 THE COURT: So it should be the SF 50, résumé and 01:23:01PM 9 SF 15? 01:23:03PM 10 MR. OHM: Yes. 01:23:05PM 11 THE COURT: We might as well have them look at the 01:23:07PM 12 right thing. 01:23:08PM 13 So it's not the TIGTA portion completed and 01:23:10PM 14 submitted as well, using their language. 01:23:38PM 15 We're going to type it quickly and then print it 01:23:42PM 16 out if we can. If we can't, we'll just go back to chambers 01:23:48PM 17 and do it. 01:29:44PM 18 THE COURTROOM DEPUTY: (Tenders document to 01:29:47PM 19 counsel.) 01:29:47PM 20 THE COURT: So that's the printed copy that's 01:29:49PM 21 going to go back. I'll sign it. Just so you have it for 01:29:55PM 22 the record. 01:29:56PM 23 So it uses their language in terms of doing it. 01:29:58PM 24 Is that all right? 01:29:58PM 25 MR. OHM: Yes, your Honor.

65

01:29:59PM 1 THE COURT: Government? 01:29:59PM 2 MS. ALOI: Yes. This is fine. 01:30:01PM 3 THE COURT: Okay. What I would suggest is you not 01:30:11PM 4 go too far away just in case we get another note back 01:30:15PM 5 afterwards. Or if you're going to stay in the courthouse 01:30:25PM 6 but don't want to sit here forever, just let us know where 01:30:28PM 7 you'll be. There are tables out in the atrium if you want 01:30:37PM 8 to sit there. 01:30:41PM 9 MS. ALOI: Yes, your Honor. 01:30:41PM 10 MS. VAUGHN: Thank you, your Honor. 01:30:42PM 11 (Thereupon a recess was taken, after which the 02:13:18PM 12 following proceedings were had:) 02:13:18PM 13 THE COURT: I told you we'd get another note. 02:13:22PM 14 Let me read this one into the record: 02:13:26PM 15 "For Count 1, as part of 'job application,' are we 02:13:35PM 16 to consider Questions 1 through 17 from Pages 1 to 3 of 02:13:40PM 17 Government's Exhibit No. 3?" 02:13:43PM 18 I have looked at Government's Exhibit No. 3, which 02:13:53PM 19 is the application. We can either say something like 02:14:01PM 20 "Nothing's excluded" or that they should consider the whole 02:14:03PM 21 document. I wouldn't get anything more specific than that, 02:14:06PM 22 unless we excluded something. 02:14:12PM 23 MS. ALOI: Your Honor, Mr. Ohm and I don't agree 02:14:14PM 24 on much, but I think we agree the answer to this question is 02:14:17PM 25 yes.

66

02:14:18PM 1 MR. OHM: That's true. 02:14:19PM 2 THE COURT: Okay. Then we'll send it back short 02:14:24PM 3 and sweet. 02:14:32PM 4 MS. ALOI: Your Honor, it might be worth also 02:14:37PM 5 pointing the jury to the wire fraud instruction that you 02:14:41PM 6 gave. I fear there might be some confusion because of the 02:14:47PM 7 box that was cut and pasted from the indictment into the 02:14:53PM 8 instruction, maybe inadvertently suggesting they need to 02:14:56PM 9 find something about every particular document listed 02:14:58PM 10 instead of the requirement as set forth in your 02:15:03PM 11 instructions, that they simply need to find that the wire 02:15:06PM 12 moved interstate. It seems like the way in which the box 02:15:12PM 13 was cut and pasted from the indictment may be generating 02:15:14PM 14 some confusion. 02:15:16PM 15 THE COURT: Well, what we could do is just simply 02:15:20PM 16 suggest that they should read the full instruction on wire 02:15:31PM 17 fraud or something like that. I don't know. 02:15:34PM 18 MR. OHM: Your Honor, as I was telling Mr. Barrow, 02:15:37PM 19 I think it's entirely speculative. We have no idea what 02:15:39PM 20 they're thinking or what they're doing. We do know, though, 02:15:42PM 21 they know how to ask a question. 02:15:44PM 22 THE COURT: Right. 02:15:44PM 23 MR. OHM: So I would just say that the appropriate 02:15:46PM 24 answer right now is "yes," and they'll ask if they need 02:15:50PM 25 more.

67

02:16:12PM 1 THE COURT: I think they're just making sure that 02:16:59PM 2 they're looking at the right documents. 02:18:40PM 3 So the note would say, "Dear Jurors: In response 02:18:45PM 4 to the juror note from your foreperson regarding the 'job 02:18:48PM 5 application,' the answer is Yes," capitalized, "as to your 02:18:53PM 6 question, 'Are we to consider Questions 1 through 17 from 02:18:57PM 7 Pages 1 to 3 of Government's Exhibit 3?'" 02:19:00PM 8 Is that acceptable? So it picks up with their 02:19:03PM 9 language. 02:19:03PM 10 MR. OHM: Yes, your Honor. 02:19:05PM 11 MS. ALOI: Could we take a look? Are we drafting 02:19:07PM 12 something? Could we take a look at it? Ms. Vaughn is 02:19:11PM 13 coming. 02:19:11PM 14 THE COURT: Look at what? 02:19:12PM 15 MS. ALOI: Are you putting it on paper as you did 02:19:14PM 16 the last time? 02:19:15PM 17 THE COURT: Yes. I'm typing it out, signing it 02:19:17PM 18 and it goes back. I'll show it to you. It's the same 02:19:21PM 19 format as we did with the last note. 02:19:23PM 20 MS. ALOI: Okay. 02:19:24PM 21 THE COURT: I just wanted to type it out.

22 (Thereupon, Ms. Vaughn entered the courtroom and 02:19:34PM 23 the following proceedings were had:) 02:19:34PM 24 THE COURT: We'll send it to Dorothy and we'll 02:19:36PM 25 print it out in the courtroom like we did last time and

68

02:19:38PM 1 you'll get a copy of it. I just didn't want to print it if 02:19:44PM 2 you had a different issue about it. 02:20:57PM 3 THE LAW CLERK: Dorothy, I just sent it to you. 02:20:59PM 4 THE COURT: If you could print it out like we did 02:21:01PM 5 last time. 02:21:35PM 6 THE COURTROOM DEPUTY: (Tenders document to 02:21:38PM 7 counsel.) 02:21:38PM 8 THE COURT: Look it over and see if that's okay. 02:21:40PM 9 Then we'll send the answer back. 02:21:42PM 10 MR. OHM: That's okay from our perspective. 02:21:47PM 11 MS. ALOI: That's fine. Thank you. 02:21:49PM 12 THE COURT: All right. I wouldn't go too far. 02:22:00PM 13 (Thereupon a recess was taken, after which the 14 following proceedings were had:)

15 (Morning session concluded.)

69

1 CERTIFICATE 2 3 I, LISA EDWARDS, RDR, CRR, do hereby 4 certify that the foregoing constitutes a true and accurate 5 transcript of my stenographic notes, and is a full, true, 6 and complete transcript of the proceedings produced to the 7 best of my ability. 8 9 10 Dated this 24th day of June, 2021. 11

12 /s/ Lisa Edwards, RDR, CRR Official Court Reporter

13 United States District Court for the District of Columbia

14 333 Constitution Avenue, NW, Room 6706 Washington, DC 20001

15 (202) 354-3269