Miles Guo Court Documents · Doc 340

摘要

Defense Opposition · Motion to Preclude Classified Information Inquiry

This nine-page filing, dated May 18, 2024 from Sidhardha Kamaraju of Pryor Cashman LLP (with Sabrina P. Shroff), is the defense memorandum in opposition to the government's motion in limine (Dkt. 339) to preclude Mr. Guo from eliciting classified information during cross-examination in United States v. Miles Guo, 1:23-CR-118-1 (AT). The filing is partially under seal.

Government's Underlying Motion

The government had moved to preclude Mr. Guo from inquiring during cross-examination into classified information that Mr. Guo intends to elicit from an anticipated government witness (later identified as "Witness-2").

Defense's Principal Arguments

1. Confrontation right: The Sixth Amendment Confrontation Clause guarantees Mr. Guo the right to test the credibility and basis of testimony against him, including testimony from witnesses with classified-information backgrounds;
2. Materiality at trial: The classified information at issue is material to elements of the charged offenses or to the credibility of the witness, and the standard CIPA Section 4 substitutions are inadequate;
3. Limits of CIPA: While CIPA permits substitutions and summaries, it does not authorize wholesale exclusion of any reference to classified information where that information bears on the credibility of a witness whose testimony is central to the prosecution;
4. Trial-stage materiality differs from pretrial discovery: Even where information was not material for discovery purposes, it may become material at trial when the witness gives specific testimony.

Companion Materials

The memorandum is supplemented by:

• The CIPA Section 3500 (Jencks Act) materials produced May 6, 2024;
• The defense's CIPA Section 5 notice (handwritten, dated May 14, filed May 20 — case-doc-341).