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Iapetus: is the order the one asking Donziger to file a motion for witnesses.
Blackeye: why would you question the reliability of a witness in advance...
Iapetus: Because more people can show up than would have in a regular trial. The bar to entry is merely having a computer with semi functional Zoom.
Iapetus: There may be less of an aura than outside of court and the institution of some bar may be useful to prove veracity of the testimony.
Ross 154: Also, there's a concern that Donziger is just naming these witnesses in order to demonstrate the need for a delay in the trial.
Scala: Isn't the point of a live witness to evaluate the witness's reliability?
Blackeye: per Prof Rubin's evidence class - there's 4 capacities tested by sworn testimony - perception, memory, narration, and sincerity
Saturn: Great Scott!
OP: In ordering Steven to turn over his witness list, the subjects of their testimony and methods for ensuring "their reliability," Judge Preska is improperly treating this case as a civil case. But it is not a civil case.Judge Preska's order violates Steven's 6th Amendment constitutional rights to call witnesses in his defense. Rule 16(b) of the Federal Rules of Criminal Procedure re: pretrial discovery does not permit the judge to require pretrial disclosure of (non-expert) witnesses' testimony.
OP: Preska's demand that Steven devise ways for her to determine the witnesses' reliability also violates his 6th Amendment rights. The reliability of witnesses is determined in two ways, neither of which puts the burden upon the defendant : 1) the witness is sworn by the court under pains and penalties of perjury. This will be done by the clerk on the Zoom call. 2) the witnesses are subject to cross-examination by the prosecution.
OP: It makes no difference that these witnesses are coming from outside the US. In live trials, perjury determinations are not customarily made when the witnesses testify but post-trial after the judge has heard all of the evidence. Any witness who appears at a live trial might leave the jurisdiction after he testifies. That's a risk in all cases whether he is a US citizen or not. Asking Steven to bear any responsibility to prove reliability pre-trial places an unconstitutional burden upon his right to call witnesses on his behalf.