EDNY
COURTHOUSE,
Oct 8 â
With the USA v. Huawei trial now sealed in
Federal court in Brooklyn, when those allowed
in poured out for lunch on October 2, there
was loud talk about the travel plans of the
witness for whom, presumably, the courtroom
closure took place, see below and here.
Presiding Judge Ann Donnelly
had said everyone who was not a lawyer for
Huawei or the Government had to leave. She had
not, at least in the docket, ruled on Inner
City Press' docketed filing opposing the
closure. (Earlier on September 8 sehe had
instructed prospective jurors: "China and the
Communist Party ⦠are not on trial."
The same was said, or
claimed, in the Southern District of New York
in the UN corruption trials of CCP-member Ng
Lap Seng, and CCP-NGO boss Patrick Ho of the
China Energy Fund Committee. Both were
convicted. But is Huawei different?
On September 9 Inner City Press
put out a 20 tweet thread of the opening
arguments, on X
and Bluesky.
September 9 extra on X for
subscribers here
and Substack here
On September 16-17 Inner
City Press published a book, Huawei on Trial
in Brooklyn, Surveillance from Iran to the UN,
here.
It contains information on how Huawei enables
surveillance by many UN states / the UN. In
the White House on September 18 there was talk
now minimizing spying.
On the afternoon of September
18, this: "on the government's motion to close
the courtroom for three witnesses's testimony.
The government's motion and all supporting and
opposing briefing have been filed under seal.
(See ECF Nos. 789, 812, 815, 862, 863.) The
Court grants the government's motion. The
closure of the courtroom will be tailored by
providing access to redacted transcripts as
soon as possible after the witnesses's
testimony. Opinion setting forth the Courts
reasoning in detail to follow. Ordered by
Judge Ann M. Donnelly on 9/18/202."
Inner City Press that
night emailed opposition to the closure, along
with a request that DOJ's motions for the
closure be unsealed, docketed here.
No ruling, and all morning -
seemingly, all day - courtroom sealing on
October 2. At the lunch break, a woman Inner
City Press had seen in the Courthouse Cafe
during some of the sealing approached one of
the prosecutors loudly about the witness'
travel plans.
On October 6-7, the US
Attorney's Office put in a letter that the
jury should not hear that Meng has a
Deferred Prosecution Agreement, only what
she allocuted to - letter on Patreon here.
Here was Huawei lawyer
Heberlig's cross of Sweeney:
Heberlig:
The Huawei guy who sent the comments, he
worked in the Shenzen, not Iran, right
Sweeney: Correct.
Heberlig: So the
emails have large redactions?
Sweeney: Yes. I
don't know who did the redactions.
Heberlig: Do you
see these big black out sections in the
email?
Sweeney: Yes
Heberlig: All the
questions are redacted, correct?
AUSA: Objection!
Relevance.
Judge: Is something
redacted?
Sweeney: Yes.
Heberlig: Do you
see in the whole exchange any of the
questions?
AUSA: Objection,
relevance.
Judge: Overruled
Sweeney: No.
Heberlig: And there
are even redacted portions in Huawei's
message?
Sweeney: Yes.
Heberlig: So you
don't know what questions were asked,
correct?
Sweeney: Correct.
Heberlig: And do
you agree that to understand the answer you
need the full question?
Sweeney: Yes.
Heberig: And we
also don't have the full answers?
Sweeney: Correct.
Heberlig: On the
memory card recovered from Ms. Meng, there's
no metadata, correct?
Sweeney: Correct.
Heberlig: So the
statement of facts says Ms. Meng's statement
that Huawei's partnership with Skycom was a
normal partnership was untrue?
Sweeney: Yes.
Heberlig: It
doesn't say she lied, correct?
Sweeney: Correct.
Heberlig: And would
you agree there is a difference between
intentional lie and a mistake?
Sweeney: Yes.
Heberlig: And on
Ms. Meng's statement that Huawei had sold
its shares of Skycom is says "these
statements were untrue, because, as Ms. Meng
knew," and it goes into what she knew?
Sweeney: Yes.
Heberlig: And
that's framed in the passive voice, correct?
Sweeney: Correct.
Heberlig: So it
essentially states that the statement was
untrue because she knew these facts?
Sweeney: Yes.
Heberlig: It
doesn't say she knew the statement were
untrue at that time, correct?
Sweeney: Correct.
Heberlig: It say,
quote, it would have been material to HSBC
to know that Huawei controlled Skycom?
Sweeney: Yes.
But it doesn't say
Ms. Meng knew it would have been material,
correct?
Sweeney: Correct.
Heberlig: And later
on dollar clearing, there's no statement
that Ms. Meng knew of it, correct?
Sweeney: Only
Huawei.
Heberlig: But
specifically, there's no information that
Ms. Meng knew of it, correct?
Sweeney: Correct.
Heberlig: GX
21322-1-R, is this an HSBC report prepared
by Peter Zheng?
Sweeney: Yes.
Heberlig: And it
doesn't mention Huawei controlling Skycom or
Canicula, correct?
Sweeney: Correct.
Heberlig: Nothing
further.
Judge Donnelly: Any
re-direct?
AUSA: Briefly, your
Honor.
AUSA: So on cross
you were asked about email redactions?
Sweeney: Yes.
AUSA: And you
couldn't tell what was under the redactions?
Sweeney: Correct.
AUSA: That email
chain involved Huawei?
Sweeney: Yes.
AUSA: Huawei has
records of these emails?
Heberlig:
Objection!
Judge: Overruled.
Sweeney: Yes.
AUSA: So Huawei
knows what they were asked and what they
answered, completely?
Heberlig:
Objection!
Judge: Overruled.
Sweeney: Yes
AUSA:
In the stipulation does it say Ms. Meng
acknowledged the statement of facts to be
all true?
Sweeney:
Yes.
AUSA:
So defense counsel asked you about the
phrase "these statements were untrue,
because, as Ms. Meng knew" - Ms. Sweeney,
have you heard of the phrase parsing words?
Sweeney:
Yes.
AUSA:
What does that expression mean?
Sweeney:
Um,
when you're mixing words.
AUSA:
And would you say there is an alternative
and perhaps more plausible reading of the
statement of facts, that Ms. Meng did at the
time know that her statements were false?
Sweeney:
Yes.
AUSA:
It says her description of Skycom as a
"partner" was untrue and she knew it was
untrue?
Sweeney:
Yes.
AUSA:
So was she just unlucky to have lies in her
statement?
Sweeney:
No.
AUSA:
Nothing
further.
Judge:
Mr. Heberlig, any re-cross?
Heberlig:
Just one, your Honor... So in the
stipulation it says Ms. Meng agreed with the
statement of facts according to her best
information and belief?
Sweeney:
Yes.
Heberlig:
Do
you agree people can learn info in the
interval?
Sweeney:
Yes.
Heberlig:
And
they can learn it second hand?
Sweeney:
Yes.
Heberlig:
So
she could have never learned that
information during the relevant period,
correct?
Sweeney:
Correct.
Heberlig:
Thank
you, your Honor.
AUSA:
One more question, Your Honor.
Judge
Donnelly: Alright.
AUSA:
Would you call the question about how she
could have never learned these facts at the
time a way of parsing words?
Sweeney:
Yes.
[AUSA
walks back to table]
Heberlig:
Just
one last question-
[Jurors
laugh]
Heberlig:
Would
you agree that the precise meaning of words
can be critically important?
Sweeney:
Yes.
Heberlig:
Now,
have a good evening.
Back on September 30 HSBC Alan
O. Thomas was on the stand all day - Inner
City Press live tweeted, here.
We continue to await exhibit(s) - even as
Inner City Press has appealed EDNY sealing to
the 2d Circuit...
OK- in US
v Huawei on Friday Judge Donnelly docketed
that the courtroom would be (entirely)
closed for some witnesses. Just now,
docketed: Inner City Press opposition, and
application to unseal DOJ's motions for
closure. This 3 days before Trump-Xi
meeting... https://t.co/kM6wCsNDt5pic.twitter.com/Qzu5k9Ktus
More/update on X for Subscribers here
and Substack here
***
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