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The screen comes alive, but not action in the courtroom. Irritation from the judge, whose ten-minute recess took, well, fifteen. Judge Pohl adds that, simply because an accused intends to attend an afternoon or morning session does not call for an excessive delay. Ok, back to business, beginning with maybe-sorta-dealt-with-but-not-quite-totally motions to compel discovery.
Is Ruiz’s motion to compel, under AE032, moot or not? Not, the lawyer responds, though he cannot explain precisely why in open court. Us uncleared, CCTV-watching folk nevertheless can glean that Ruiz’s motion might implicate other motions besides AE032. On this point, a scrupulous J. Connell notes that attorneys have no control over how AE numbers are assigned, and thus cannot forestall what appears to happen these days in court: the parties and bench think narrowly, in terms of AE-numbers, and not broadly, in terms of cross-cutting legal issues. Some defense filings implicate conditions of confinement, for example, as well as communications and other things. The scope of the motion ought to control, Connell argues. The latter’s protestations still don’t address whether, in fact, Ruiz can argue his points in open court; though earlier, it appeared no argument was necessary, it now seems circumstances have changed. Thus it appears that at some stage, Al-Hawsawi’s lawyer will take up his motion in a classified setting.
The mention of classified stuff prompts discussion of AE052, which concerns . . . something that the prosecution desires to submit to the judge ex parte. Connell thinks that a discovery motion related to this, AE052D, has been briefed and argued already and thus, like so many motions to compel, is now pending and awaiting decision. Very well, says the court, who counts up submitted motions, and motions awaiting argument today, tomorrow and Friday.Ok, onward.