Neal, As you are well aware, we have a problem with the detainee. I have gone back and forth on the best way to handle it. I understand your objections to moving the situs of the trial and also understand that you are likely to object to use of a deposition at trial for the detainee. But I would not be doing my best in my job if I did not make every effort to secure all the relevant and potentially useful information for the government to present in its case-in-chief. So, I need to try to get the detainee's testimony in my case-in-chief. Obviously, it is in your client's interest to limit the government's case and I anticipate you would like to keep that evidence out. No different than in any other case. But here we have a witness I cannot just subpoena to Norfolk. Accordingly, I want to ask if you will agree to the admission of the detainee's deposition in our case-in-chief. If you do not, and of course, I understand your position and responsibilities to be the best advocates you can be, I will seek to move the trial's situs to Iraq. I anticipate you may fight such a move and wanted to give you as much warning as possible so we have time to litigate it if necessary. So my bottom-line is will you waive any objection to admitting the detainee's deposition in our case-in-chief? If not, we will seek to move situs and we will have to resolve any opposition to that on the record. v/r, Jason
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