Majid Khan Arraignment #3

The commission reconvenes and Judge Pohl announces that he has received the document. Trial counsel Sullivan reiterates that she had no notice about this document. But it turns out not to matter. Judge Pohl says he’s going to deny the motion to redact the PTA. He asks Khan whether he wants to withdraw his guiltly plea before he makes his findings, because, he says, the nature of the findings will disclose some of the information Khan didn’t want disclosed. Khan takes a moment to consult with his lawyers, who ask what they can expect. Judge Pohl says that the motion to redact the PTA is denied, but that he will provisionally grant the motion to the keep the filings sealed. After another brief pause for consultation, Khan says that he’s ready to go forward, and Judge Pohl rules. Much of information is already in the public record, he says. He recognizes that it does not have the same weight as if confirmed in court, but even if the redacted information were not released, he says, the information that the accused is going to cooperate with the United States government is now common knowledge. Redaction is thus not necessary to ensure the physical safety of other individuals, he says. The nature of plea itself and the information in the public domain would be sufficient to provide information to those who wish to threaten others. So balancing the public safety interest with the need for a public trial in accord with Rule 806, Judge Pohl does not find it necessary to redact the PTA. Therefore, the defense motion to redact is denied. By contrast, he says, the defense motion to seal filing AE11 is provisionally granted.