US Vs Choi Transcript 2011-08-30am

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
09:32AM
UNITED STATES OF AMERICA
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Plaintiff,
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v.
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LIEUTENANT DANIEL CHOI,
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Defendant.
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.............................. :
Criminal Action
No. 10-739M-11
August 30, 2011
9:45 a.m.
Washington, D.C.
MORNING SESSION
TRANSCRIPT OF BENCH TRIAL PROCEEDINGS
BEFORE THE HONORABLE JOHN M. FACCIOLA,
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
For the United States:
For the Defendant:
Angela S. George, Assistant U.S.

Attorney
U.S. ATTORNEY'S OFFICE
555 Fourth Street, NW
Room 4444
Washington, DC 20530
(202) 252-7943
Fax: (202) 514-6010
Email: Angela.george@usdoj.gov
Robert J. Feldman, Esq.
14 Wall Street, 20th Floor
New York, NY 10005
(917)657-5177
Email: robertjfeldman@aol.com
Norman Elliott Kent, Esq.
KENT & CORMICAN, PA
110 SE 6th Street
Suite 1970
Fort Lauderdale, FL 33301
(954) 763-1900
Email: Norm@normkent.com
MORNING SESSION, AUGUST 30, 2011
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THE COURT: Good m orning.
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MR. FELD MAN: Good m orning, Your Honor.
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MS. GEORGE: Good m orning, Your Honor.
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THE COURTROOM CLERK: Please be seated, everyone, and com e
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to order.
MS. GEORGE: Your Honor, Court's indulgence. I'm looking
for som e docum ents.
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THE COURT: Oh.
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MS. GEORGE: I just had som e prelim inary m atters to
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resolve with the Court, and I had a file with the docum ent that
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was at issue.
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THE COURTROOM CLERK: I'll go ahead and call the case.
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THE COURT: Sure. Thank you.
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10-799-M , United States versus Lieutenant Daniel Choi. Angela
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George for the governm ent, Robert K. Feldm an for the defendant.
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THE COURT: Good m orning.
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THE COURTROOM CLERK: This is a crim inal trial, day 2.
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THE COURT: Yes, Ms. George.
THE COURT: Is it possible to get your w itness in here to

get him sworn?
MS. GEORGE: Your Honor, the governm ent isn't calling any
additional witnesses.
THE COURTROOM CLERK: This is crim inal case year 2010,
M R. FELDM AN: Good m orning, Your Honor.
Scott L. Wallace, RDR, CRR, Official Court Reporter

(202)354-3196 * swallace.reporter@gmail.com
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exhibits that have been introduced into evidence, and the
Room 6503, U.S. Courthouse
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governm ent does not agree -- I m ean does agree with her record,
W ashington, D.C. 20001
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and I put an initial by each notation that she has on her exhibit
202.354.3196
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list, Your Honor, at this point in tim e.
swallace.reporter@ gm ail.com
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09:49AM
Court Reporter:Scott L. W allace, RDR, CRR

Official Court Reporter
Proceedings reported by m achine shorthand, transcript produced

by com puter-aided transcription.
THE COURT: Thank you so m uch.

MS. GEORGE: In addition to that, the governm ent called
Officer Ferm aint yesterday to testify.
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MS. GEORGE: And I think on August 12th I e-m ailed
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Mr. Lynn Officer Ferm aint's m aterial, and I wanted to ensure that
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Mr. Feldm an has received those docum ents. I m ade an assum ption
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that he had those docum ents because I provided them --
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THE COURT: I'm sorry, who is Mr. Lynn?
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MS. GEORGE: Defense counsel's form er counsel.
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THE COURT: Oh, I see.
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MS. GEORGE: At the tim e when I delivered discovery as
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well as Jencks on August 12th. So I m ade the assum ption
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yesterday he had -- I didn't give it to him because I m ade that
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assum ption. And before the governm ent closes its case-in-chief,
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I want to ensure that he had the Jencks and had the opportunity
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to cross-exam ine Officer Ferm aint with the benefit of the Jencks
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material.
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THE COURT: Thank you. Yes.
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MR. FELD MAN: Um , I'm done with Officer Easter.
THE COURT: Yes.
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MS. GEORGE: Your Honor, I confirm ed with Ms. Coln the
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MS. GEORGE: Not officer Easter, Officer Fermaint. That's
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the hearing officer.
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MR. FELDMAN: Yes. I received no Jencks material and, as
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a matter of fact --
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THE COURT: Well, where is your predecessor counsel?
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Didn't he get you the file?
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MR. FELDMAN: Yes.
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MS. GEORGE: And Your Honor, I was -- that's why I was a
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little frustrated when the Court took the bench because I had a
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file that I brought, that I thought I brought over. I had a copy
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of material for Mr. Feldman. I apparently left it on my office
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desk. I apologize for that, but I believe I have extra copies
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here. I can give it to him.
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THE COURT: Please do so.
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MR. FELDMAN: Let me tell you what's relevant about that.
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I received a very courteous call from the officer in question
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last night, and I told him personally that I was done with him
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but I wasn't sure if Ms. George was, and I asked him to call Ms.
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George.
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THE COURT: Okay.
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MR. FELDMAN: So the issue is moot, Judge.
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THE COURT: Thank you.
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MS. GEORGE: And in reference to that, the government --
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the only -- the last exhibit that the government wants to offer
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is Government's Exhibit Number 13, and I talked to Mr. Feldman
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THE COURT: All right.

MR. FELDMAN: We have copies.
THE COURT: If you wish, you can retrieve it later and I
can see it then. It's in evidence, so I can see it at my
leisure, assuming I have any.
MS. GEORGE: At this point in time, the government rests.
THE COURT: All right. The government, having rested, is
there a motion?
MR. FELDMAN: Yes. We move to dismiss because the
government has failed to prove the one count beyond a reasonable
doubt as a matter of law, even in the light most favorable to the
government. Do you wish argument?
THE COURT: No, I don't, no. The motion is denied.
You have the cases? You have the cases?
MR. FELDMAN: Absolutely. Dan Choi calls Captain James
Pietrangelo.
THE COURT: Captain Pietrangelo, please.
MR. FELDMAN: Sorry, Judge.
THE COURT: He doesn't look like a captain.
MR. FELDMAN: He's going to get him.
THE COURT: His hair is much too long for a captain.
(JAMES E. PIETRANGELO, DEFENDANT'S WITNESS, SWORN.)
MR. FELDMAN: Thank you, Your Honor.
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about that today, as well as a few days ago, and he said he was
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stipulating to the authenticity of the exhibit. What it is, Your
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Honor, it is a YouTube video of Mr. Choi along with Mr. -- I
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believe --
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MR. FELDMAN: Captain Pietrangelo.
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MS. GEORGE: Mr. Pietrangelo.
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MR. FELDMAN: Captain Pietrangelo.
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MS. GEORGE: -- in front of the D.C. Superior Court making
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a statement after Mr. Choi was arrested on March 18th, 2010.
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What I also discussed with Mr. Feldman is that the
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government would ask the Court to take judicial notice that
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Mr. Choi was arrested on March 18th, 2010 and that he was
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released from D.C. Superior Court, thereby able to make the
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statement in front of the courthouse on March 19th, 2010.
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MR. FELDMAN: So be it.
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THE COURT: So be it. Thank you.
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MS. GEORGE: And I will -- so, is the government
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concluding that the exhibits are admitted -- I mean, is the court
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concluding that?
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THE COURT: It is.
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MS. GEORGE: I will provide a copy and play that exhibit.
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THE COURT: You're going to play it now? Ms. George,
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you're going to play the exhibit?
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MS. GEORGE: I intend to, if it's not with the materials
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that I left on my office desk.
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DIRECT EXAMINATION OF JAMES E. PIETRANGELO

BY MR. FELDMAN:
Q.
Good morning, sir. Please state your name and your
county of residence?
A.
James E. Pietrangelo II. My last name is spelled
P-I-E-T-R-A-N-G-E-L-O, and I reside in Cuyahoga County, Ohio -I'm sorry, Lorain County, Ohio.
Q.
Very briefly, what year were you born?
A.
1965.
Q.
And what -- you graduated from college?
A.
Yes.
Q.
What college?
A.
Miami University of Ohio.
Q.
What degree is that?
A.
Bachelor of Arts in history and Latin.
Q.
And do you have any subsequent education?
A.
Yes.
Q.
What is that?
A.
I obtained a J.D. from Case Western Reserve University
school of law in Cleveland, Ohio.
Q.
What year was that?
A.
That was 1996.
Q.
And after 1996, what did you do after you got your J.D.?
A.
I practiced law as a civilian and I also practiced law as
a Jag officer in the U.S. Army.
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Q.
And did you -- when did you enlist? Let me go back.
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When did you first enlist into the Army?
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A.
In 1989.
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MR. FELDMAN: I'm sorry, I'm a little out of order here,
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Your Honor.
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Q.
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So you enlisted in 1989, and tell us in your own words,
just tell me what you were doing from '89 to '96. Let's do it
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that way.
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A.
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I did a four-year term in the U.S. Army as an infantry
soldier, an enlisted soldier. I was stationed in Germany in
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Fort Polk, Louisiana for two years and Germany for two years for
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a total of four years.
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During my tour in Germany, I deployed to Kuwait and Iraq
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where I served in Operations Desert Shield and Storm, saw combat
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with my unit for five days. When I was at Fort Polk, I
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volunteered to be an investigator with the Army criminal
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investigative --
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Q.
As an attorney?
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A.
No, this was as an enlisted infantry soldier. The Army
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CID is the equivalent of the FBI for the Army, and I was still
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an infantry soldier, and I wasn't sure whether I wanted to stay
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in that MOS, so I asked if I could do training to be a CID agent
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and they allowed me to serve as an investigator on the drug
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suppression team where I conducted undercover drug sting
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operations with other members of the team.
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Q.
A big ol' law firm?
A.
Big law firm.
Q.
White shirt?
A.
Yes, sir, Ulmer & Berne.
Q.
Say it again.
A.
Ulmer and Berne, U-L-M-E-R, and Berne is B-E-R-N-E. And
I was with them for approximately a year. Then I switched to a

small boutique firm called David Douglas & Associates, general
practice of law for the individual, corporate law, family law,
financial law, that type of thing. Then I went on my own solo
practice, spent most of my time on an eminent domain case where
I was defending the property owners, and then I took a
commission in 2001 as a Jag officer with the Army. That was a
three-year obligation.
Q.
Let's slow down. I don't want to rush you here. We're
getting more recent, so with the Court's indulgence, tell me

about what you were doing in 2001, 2003 in a little more detail.
I care more about -- I assume that the Court cares more about
what you were doing there than what you were doing for some big
ol' law firm. Let's talk about that.
A.
My primary duty was as an operational law attorney with
the 10th Mountain Division. I was responsible for advising the

division commanding general on matters pertaining to war, the
law of war, his obligations under the international law, the
Geneva Convention. I was also -- and in that capacity, when
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Q.
Did you ever actually do undercover yourself?
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A.
Yes, several times, buying cocaine and marijuana. Other
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times I was on the over watch team, the surveillance team.
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Q.
The backup guys?
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A.
That's right. But the head of the drug suppression team
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also investigated major --
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MS. GEORGE: Your Honor, I'm going to object to this
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extensive --
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THE COURT: That's all right. I'm learning something
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about him. Go ahead.
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THE WITNESS: The head of the drug suppression team, the
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warrant officer, he also did major crimes when he was needed, so
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along with him I investigated -- helped investigate murder, a
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murder case, a rape case, a suicide case, other sort of high --
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other felony cases.
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BY MR. FELDMAN:
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Q.
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Let's proceed chronologically. What was your next billet
after that?
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A.
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I completed my four-year term in '93, and I immediately
went to law school which was three years, graduated in '96 with
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my J.D. I did some traveling, so I didn't take the bar until
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'99, was admitted to the bar of Ohio, and almost immediately
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began -- I joined a law firm.
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Q.
What kind of law firm briefly?
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A.
A defense insurance law firm.
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9/11 occurred, the division stood up to go into New York City

and defend the city and also help with disaster relief, so I was
part of the planning for that operation. The division
ultimately did not deploy to New York City. The civilian
authorities were able to handle that, but I was part of that
process.
And then thereafter, as operational law attorney, I
advised 10th Mountain troops going to Afghanistan on the law of
war, rules of engagement, targeting. The 10th Mountain Division
was the first U.S. troops on the ground for Operation and During
Freedom in Afghanistan in 2001. I had a secondary duty at Fort
Drum as an operational law attorney, which was as a military
magistrate.
Q.
Like a judge?
A.
Yes, a magistrate to the military judge stationed at Fort
Drum.
Q.
Okay.
A.
And I heard bail cases and search authorization cases for
the government. In 2003 I asked my -- I volunteered. I asked

my commander if I could leave 10th Mountain Division, and at
that time the government was indicating that the U.S. might
possibly invade Iraq because of WMD concerns.
Q.
Alleged concerns?
A.
Which were proven eventually.
Q.
Which were disproven or proven?
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A.
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Which were proven.
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THE COURT: I don't want to fight that war today.
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MR. FELDMAN: Continue.
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THE WITNESS: But it wasn't clear which units would be
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deploying initially. 10th Mountain Division was not one of the
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units that was sort of tagged to go first, so I volunteered to go
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with the unit that was, which was third Army, which was the
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actual headquarters for the entire ground invasion. CenCom was
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in charge of the entire initial invasion, all components, sea,
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air, and land, and special forces, but the actual general on the
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ground commanding the ground invasion forces, both British and
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American, marine and Army was --
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Q.
And who was it that you were --
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A.
Lieutenant General David McKiernan, lieutenant general,
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three stars.
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Q.
What did you do for the general?
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A.
I was one of four operational law attorneys. I deployed
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over to Kuwait and then eventually Iraq with the invasion
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forces. I advised the general on law of war issues, rules of
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engagements, how to treat enemy prisoners of war, targeting
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issues, sort of critical issues for the prosecution of the war.
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I was also part of the planning cell that planned the actual
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invasion, the actual sort of infantry planners, which troops
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would go where, et cetera, which objectives to take, which
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routes to take. I was part of that planning cell.
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A.
At that point, it was just -- reconstruction was
occurring, was taking place. Eventually, in September of 2004,

I redeployed stateside and I was still within the same command
but the stateside unit. I had completed my sort of deployment
tour.
Q.
Did there come a time when you became a victim of a
certain policy?
MS. GEORGE: Objection, Your Honor, relevance.
THE COURT: Overruled.
THE WITNESS: My three-year Jag tour ended in February of
2004 and I did get out of the Army, went back to civilian -THE COURT: Please explain. When you say you got out of
the Army, do you mean you went into reserve status or you -- did
you keep your commission as captain?
THE WITNESS: No, Your Honor. Unless you ask to be
retained for another three years -THE COURT: You're out, your enlistment was over?
THE WITNESS: My commission ended.
THE COURT: Ended.
THE WITNESS: I was honorably discharged, completion of
tour, and I went back to Vermont.
BY MR. FELDMAN:
Q.
Let me back up. Will you please explain in some detail
how you were out processed?
A.
So I went back to Vermont. I was a civilian. I intended
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And then also as -- prior to the invasion kickoff and
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right at the beginning of the invasion, I was part of the
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planning for the standing up of the new Iraqi government.
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Q.
Like rebuilding the government kind of thing?
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A.
Exactly.
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Q.
So what did you do as a lawyer to help rebuild the
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government?
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A.
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One of the things I did was in Baghdad I was part of a
small team that drove around every court in the Baghdad area --
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that was numerous courts -- and helped -- this was once we had
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secured Baghdad, the government had fallen, and things were
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relatively stable. We -- our job was to restart Iraqi court
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system. And at some point we were given an additional tasking
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in that mission, which was to protect U.S. federal judges who
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had come over --
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Q.
To advise?
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A.
-- to advise in that process.
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Q.
Can you recall any of the names of those federal judges?
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MS. GEORGE: Objection, relevance, Your Honor.
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THE WITNESS: I don't recall.
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MR. FELDMAN: You don't recall? He doesn't recall.
10:07AM
Thank you. Okay. Continue.
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THE COURT: I do, but he doesn't.
10:07AM
BY MR. FELDMAN:
10:07AM
Q.
10:07AM
Anyway, we don't know anything about that. Next.
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to practice law there. And in March of 2004, the coalition was

experiencing its lowest point of the war for the entire war
since -- since forever. I think they were suffering the highest
coalition casualties. And even though I was a civilian and had
decided to go back to civilian practice, I realized at that
moment there was a need for -- because the -- the high casualty
loss was deterring people from enlisting, and people were sort
of going AWOL so they didn't have to go to Iraq, so I decided
that I would volunteer for another tour and share my expertise,
which I had saved lives during my time in Iraq right up to that
point, so I volunteered to go to Iraq. I took a specific Iraq
bound billet with the 42nd Infantry Division as a Jag officer.
That division had no Jags with actual combat experience, so I
was --
Q.
Other than you?
A.
Right. So I volunteered and I mobilized to Fort Drum in
May of 2004 for one or two months of training and then to go to

Iraq. It was -- once I got to Fort Drum, I made the decision to
inform my commander that I was gay because I was involved with
someone and I had this feeling like the third time might be -- I
might be killed, you know, this time. You can only be so lucky
for so long and I wasn't going to skulk about the barracks
pretending like I was talking to my cousin on the phone, I was
talking to this individual. So I informed my commander that I
was gay but said I wanted to stay on the mission and go to Iraq.
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They immediately began discharge proceedings under Don't Ask,
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Don't Tell. However, because of my expertise, they retained me
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for four months so that I could train the rest of the division's
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lawyers on critical Jag matters. And then on the very day that
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the division completed its training and was certified for
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deployment, they told me my discharge had been approved,
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honorable discharge under Don't Ask, Don't Tell, and I think two
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days later I was sent home.
10:10AM
Q.
10:10AM
Please continue. Let me fast forward. Did you practice
law between 2004 and 2009?
10:10AM
A.
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Sporadically I did as a solo practitioner in Vermont. I
was admitted to that bar in 2005.
10:10AM
Q.
You were admitted to the Vermont bar?
10:10AM
A.
Yes.
10:10AM
Q.
So you think that's a big nothing? Withdrawn. Okay. So
10:10AM
let's fast forward. In 2009, did there come a time when you met
10:10AM
the defendant, Lieutenant Dan Choi?
10:10AM
A.
Yes.
10:10AM
Q.
And please explain how you met him.
10:10AM
A.
I had e-mailed Dan after hearing about his story, and we
10:10AM
talked about --
10:11AM
Q.
Where did you hear about his story, by the way?
10:11AM
MS. GEORGE: Objection.
10:11AM
THE WITNESS: I had seen it on --
10:11AM
THE COURT: Overruled.
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A.
Yes.
Q.
Okay. By the way, have you ever -- you're friends with
Dan, right?
A.
We are friends.
Q.
Have you ever been to his house?
A.
No.
Q.
Has he ever been to your house?
A.
No.
Q.
Has he ever met your family?
A.
No.
Q.
Have you ever met his family?
A.
No.
Q.
Have you ever dated?
A.
No.
Q.
Okay. Continue.
A.
So I contacted Dan and he e-mailed me back, and then
nothing really happened with that, and then at one later -- in

2010, approximately March of 2010, Dan called me.
Q.
Okay.
A.
And he invited me to come to Washington to go with him to
the White House and engage in free speech as I had envisioned

and as he was now intending to do.
BY MR. FELDMAN:
Q.
Okay. And did there come a time -- let me fast forward a
little bit to, let's say, the last two weeks of February '10 or
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THE WITNESS: I had seen it on television.
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BY MR. FELDMAN:
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Q.
What television station?
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A.
I think it was MSNBC and also on the Web. By that time I
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was fully -- I was committed to activism for equality for gay
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people, and so I regularly viewed Internet sites devoted to gay
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equality and gay --
10:11AM
Q.
Did you ever see the lieutenant on CNN?
10:11AM
A.
Yes.
10:11AM
Q.
Did you ever see -- if you didn't see it live, did you
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see copies vis--vis on the Rachel Maddow Show, the national or
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international MSNBC show?
10:11AM
A.
Yes.
10:11AM
Q.
Did you see the lieutenant on other international media?
10:11AM
A.
Yes. I extensively researched him.
10:11AM
Q.
Okay. And then you e-mailed him. Please continue.
10:11AM
A.
Yes. It was my opinion at that time that we needed to
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engage in activism to pressure the government, specifically
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President Obama, to take steps to end the discrimination
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immediately and repeal Don't Ask, Don't Tell, and it was my
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feeling that we needed to go directly to the White House and
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engage in free speech to communicate that message that the
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discrimination had to be ended and we deserved full equality,
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and so I --
10:12AM
Q.
10:12AM
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the first two weeks of April '10?
A.
March or --
Q.
I'm sorry, I'm sorry. I'm saying March. I'm sorry,
Judge. March. Let's talk about the few weeks before -- I'm
sorry -- before the March 10th [sic] arrest which His Honor has
the -- was just admitted into evidence, Judge, the aftermath of
that that you're going to view at your leisure, if you have any.
Let's talk about that. Were there any preoperational meetings
for that operation, the deployment of that operation?
MS. GEORGE: Objection. Relevance, Your Honor, to the
charge at hand.
MR. FELDMAN: The people opened the door by admitting the
March 10th interview -- or the March 18th interview.
THE COURT: Overruled. Let me hear.
BY MR. FELDMAN:
Q.
Please explain in some detail the preoperational meetings
for the March 18th activism deployment.
A.
Dan and I and several other activists met at an
individual couple's house and discussed going to the White

House, the specifics of going to the White House and engaging in
free speech.
Q.
Okay. Now, I know this was not the Army operation, but
just in general terms, could you state -- I know this is a bad

word, but use your own words, who was the commanding officer?
That's a really bad word. Who was the leader?
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A.
Dan was leading this action.
10:15AM
Q.
And what was your role? What did you do? What did you
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do?
A.
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I was there to engage in the free speech with him, and my
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personal -- I wanted to -- I had a personal requirement that it
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be totally nonviolent. I wouldn't be -- I've been a law and
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order person all my life, and I would not be part of anything
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involving violence.
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Q.
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Did you take any legal steps, in effect, to assure that
the individual freedom fighters in this deployment for freedom
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bound themselves to your standards?
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A.
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Well, personally I did research on anything that -- any
law that I thought might touch the situation to make sure we
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stayed within the lawful content.
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Q.
Did you require any documentation from the people?
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A.
We specifically created a written pledge of nonviolence
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that every person involved in the action signed, whether they
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were speaking or not, and we also individually verbally made
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sure that everyone understood that this was total nonviolence.
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Q.
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Okay. All right. And then -- if you want -- the
demonstration happened, its public record, March 10th. I'm not
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going to go into that. I guess Ms. George, if she wishes, or if
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the Court wants to --
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MS. GEORGE: Objection --
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MR. FELDMAN: -- there's a lot of --
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MR. FELDMAN: Excuse me. My fault for not making it

clearer, Judge, I'm sorry. Okay.
BY MR. FELDMAN:
Q.
You did do the March 18th deployment. Okay. You want to
go into a little detail -- no, forget it. Let's talk about

April --
A.
-- 18th, 2010.
Q.
There was a similar deployment?
A.
Exactly.
Q.
And was Dan involved in that?
A.
Yes.
Q.
And were you involved in that?
A.
Yes.
Q.
Were you also the de jurat legal advisor, if I may use
that word? Would you characterize yourself as that or no?
A.
Well, I wouldn't say I gave advice. I gave information.
Q.
I know you're not admitted to practice law here, but did
you use your expertise? Please. Come on.
A.
I did everything possible to make sure that the other
individuals who were going to the White House with us the second
time to engage in free speech were fully prepared with
information to stay within the law, to be nonviolent, and to
know what was coming. We had experienced harassment from the
police when Dan and I were in jail, and we wanted to make sure
that they understood that the nonviolence --
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MS. GEORGE: Objection, Your Honor. It assumes facts not

in evidence. There's nothing in evidence about March 10th.
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MR. FELDMAN: I'm sorry, March 18th.
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I apologize, Judge.
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THE COURT: That's also the same day that the summons was
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issued, so we were here on March 18th as well?
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MS. GEORGE: No. March 18th is in reference to the
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statement I made --
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THE COURT: I'm well aware of it, but the summons says,
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9:30 a.m."
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MS. GEORGE: In reference to what, Your Honor?
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THE COURT: This case.
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MS. GEORGE: That's a summons to be here on March 18th.
10:16AM
THE COURT: Okay, but simultaneously with that, I am led
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to understand that on March 18th, 2010, something occurred at
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Superior Court after which Lieutenant Kim --
10:17AM
MR. FELDMAN: Lieutenant -- no offense taken, Your Honor.
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THE COURT: That the Lieutenant spoke about that, right?
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MS. GEORGE: No.
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THE COURT: It was just a coincidence that it happen to be
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the same day as the summons?
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MS. GEORGE: It's not the same day. It was two separate
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years.
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THE COURT: Oh, I see. March 18th, 2010.
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Q.
Could I interrupt you for one second? I'm sorry. I'm
sorry.
MR. FELDMAN: I'm sorry, I'm sorry. I usually talk loud.
I'm sorry, I'm sorry.
THE COURT: It's not so much that. Remember, he is
recording as well as typing.
MR. FELDMAN: I didn't know that. I'm sorry.
THE COURT: Don't worry about it.
THE WITNESS: We just made sure that they understood that
the nonviolence pledge and responsibility continued in the jail,
that if they were harassed like Dan and I were, if something
happened, that they were just to simply remain nonviolent and
raise the issue once they got out of jail.
BY MR. FELDMAN:
Q.
All right. Let's fast forward to on or about the last
two weeks of October of '11. Did there come a time when you
guys decided to do something similar?
A.
If I could -- I just remembered a second additional thing
to my previous answer.
Q.
Please, please, please.
A.
One thing we -- we even -- in terms of nonviolence, we
even went so far as to tell the people going with us that they
needed to discipline themselves to disengage from even their
instinctive reflex, physical reflexes. I specifically told
people that there may come a time when you're engaging in free
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speech in front of the White House when a police officer or law
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enforcement person may touch you, and a person's normal reaction
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to being touched by someone else is to instinctively reflexively
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sort of break free or move or something like that, and we
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drilled in people that they needed to disengage that reflex,
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that they were to totally not resist.
10:20AM
Q.
10:20AM
You actually saw in person Lieutenant Dan Choi's
disengagement from that reflex on November 15th, 2010, did you
10:20AM
not?
10:20AM
A.
Yes.
10:20AM
Q.
Did you also see videos of his disengagement from that
10:21AM
instinctual reflex on November 15th, 2010?
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A.
Yes.
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Q.
Did he, in fact, comply with your advice?
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A.
Yes.
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Q.
To the max?
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A.
My requirement for participation and everyone else's
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requirement for participation in the speaking --
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Q.
And he so complied?
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A.
Yes.
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Q.
Okay. Let's go back to a couple of weeks before November
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15th. Please explain in whatever detail you think is
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appropriate, Captain, about the preparation for the November
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15th deployment of the freedom fighters -- of the gay freedom
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fighters?
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the White House.
Q.
Let me interrupt you. Was that after 10:50 a.m. on
November 15th after Randy Myers, Esquire, the assistant

solicitor general, gave his legal opinion letter to Detective
Sergeant Hodge?
A.
Yes.
Q.
Okay. Thank you. Then what happened?
A.
I just wanted to say that the woman seemed to recognize
me, at least.
Q.
It appeared that she recognized you, in your opinion?
A.
Yes. She definitely -- She was looking at the group
specifically, and then she spoke into her cuff and said,
"there's a bunch of them on their way to the White House."
THE COURT: At this point, Captain, you are wearing not
what you're wearing today; you're in uniform?
THE WITNESS: Yes, Your Honor.
THE COURT: Tell me exactly what you're wearing.
THE WITNESS: I was wearing my beret, my black beret with
my captain's bars and -- nonsubdued, so they were shiny.
THE COURT: And you were in the traditional uniform, what
I long a time ago called fatigues?
THE WITNESS: Yes, Your Honor. They were called BDUs -when I was -- at that time they were called ACUs, Army combat
uniforms, which is the sort of digital camouflage, both jacket
and pants, and I was wearing combat -- desert combat boots, Your
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A.
Well, we did the same thing again in preparation for the
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them verbally, prepare them for what they might encounter,
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just --
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Q.
All right. And did there come a time -- and let's go
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fairly slow here. Let's talk for -- as you were arriving from
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the -- they call it subway here?
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A.
Metro.
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Q.
I'm sorry, the Metro. Go real slow and start from there
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in your own words. Talk about that day, that fated day that
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formed the instant criminal complaint against my client.
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A.
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We didn't all go as one group to the White House, we
broke up into groups, and my group headed to the White House via
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the Metro. And I don't recall which stop it was, but it was one
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of the distant stops from the White House. We must have been
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six, six to ten blocks away from the White House. It was a very
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long walk. And we came out -- we came up the escalator out of
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the Metro, and we couldn't have gotten maybe a block when I
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noticed a woman standing -- a white woman, I'd say in her 30s,
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she was standing maybe 50 feet from us, and she was looking
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at -- she was in a suit, plain clothed suit. She was looking at
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me very strangely. And as we kept walking, the people and I,
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the people with me and I, we got within hearing range and she
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spoke into her cuff and said there's a bunch of them coming to
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Honor.
THE COURT: And was everyone with you dressed in a similar
fashion? The defendant was, I assume.
THE WITNESS: I wasn't with the defendant, Your Honor.
THE COURT: Okay.
THE WITNESS: I was with -- I believe the -- the people
with me were civilians.
THE COURT: Excuse me for interrupting.
MR. FELDMAN: Excuse me for interrupting. Are you
finished, Judge?
THE COURT: Yeah, I'm finished.
MR. FELDMAN: I'm sorry, Judge. Okay. Please, I
welcome -- this is not a jury trial, Judge. I'm grateful. Okay.
BY MR. FELDMAN:
Q.
Was there anybody in clerical garb?
A.
Well, with my group, particular group at that moment, no.
Part of the group of speakers who organized at the beginning and

then ended up at the White House was Father Geoff Farrow, who
was in clerical garb, was in priest black clothing and collar.
BY MR. FELDMAN:
Q.
By the way, can I ask, what were you born? And I ask
very briefly, very briefly. Any religious background?

MS. GEORGE: Objection, Your Honor.
THE COURT: That's all right. There was a clerical
person. Let's get it out.
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THE WITNESS: I was raised Catholic.
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Q.
And did you go to any religious instruction?
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A.
I'm sorry?
10:25AM
Q.
Any religious schools?
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A.
I went to Jesuit High School.
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Q.
Jesuit? Okay.
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A.
And St. Ignatius.
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THE COURT: I'm sorry?
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THE WITNESS: St. Ignatius in Cleveland, Ohio, Your Honor.
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MR. FELDMAN: Okay.
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THE WITNESS: The winningest [sic] football team in high
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school.
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BY MR. FELDMAN:
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Q.
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Okay. You get off the subway, the agent talks into her
cuff. Then what happens next?
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A.
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The woman stayed with us for a while ahead of us and we
continued on, the group continued on to the White House. We
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approached from the Treasury Department side along Pennsylvania
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Avenue, and at that point we proceeded towards the White House
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fence.
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Q.
Okay.
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A.
Where we joined the other individuals participating in
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the speaking.
Q.
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Okay. Where -- can I have Government's Exhibit 1,
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MS. GEORGE: Objection, Your Honor, at this point in time.

Could the defense counsel lay a foundation that the witness can
see the exhibit and tell what's on the exhibit?
MR. FELDMAN: If you have a problem seeing -THE COURT: Do you want a magnifying glass?
THE WITNESS: No, Your Honor. It's just a question of -MR. FELDMAN: Magnifying glass would help. Do you have
magnifying glasses? Does anybody have any magnifying glasses?
THE COURTROOM CLERK: Judge, let me call.
THE COURT: See if Sarah has one.
MR. FELDMAN: Thank you, sir.
THE COURT: These are reading glasses plus 2, plus 2.
Would they help?
THE WITNESS: Thank you, Your Honor. That's very gracious
of you.
It's a little bit fuzzier. Sorry, Your Honor.
MR. FELDMAN: Does that help you, sir? Does the judge's
glasses help you?
THE COURT: No, it made it worse.
THE WITNESS: I'm okay. It's just a question of getting
the right angle.
MR. FELDMAN: Take your time.
MS. GEORGE: Your Honor, could the record reflect that the
witness can't actually tell what's on the exhibit and -MR. FELDMAN: Can the record reflect that the defendant
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THE COURT: Sure.
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MR. FELDMAN: Can I put it up on the thing, Judge?
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THE COURT: Of course you can.
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MR. FELDMAN: May I approach?
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THE COURT: Certainly.
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MR. FELDMAN: Thank you. Can the witness step down?
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THE COURT: Yes.
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BY MR. FELDMAN:
10:26AM
Q.
10:26AM
Taking the lavender highlighter, please show the Court
where you were.
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MS. GEORGE: Your Honor, may I approach so I can see?
10:26AM
THE COURT: Of course.
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BY MR. FELDMAN:
10:26AM
Q.
10:27AM
Please make a lavender CP for Captain Pietrangelo where
you were stationed during the deployment.
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MS. GEORGE: Your Honor, at this point in time the
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government is going to object to him as being a captain. He's no
10:27AM
longer in the military.
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THE COURT: That's all right.
10:27AM
BY MR. FELDMAN:
10:27AM
Q.
10:27AM
Continue. Do you need glasses, captain? No, I have
them, but I need bifocals so -- well, I ended up at a certain
10:27AM
point. After the park police cordoned off Pennsylvania Avenue,
10:27AM
I ended up -- you want me to put "CP"?
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can conduct his own cross-examination -- I'm sorry, direct

examination.
THE COURT: Captain, can you see that object?
THE WITNESS: Yes, Your Honor. This is an aerial diagram
of the White House area and its labeled "White House Area." Your
Honor, I just want to clarify. My vision is fairly good. It's
just I don't have bifocals, so to look at or read things, I need
to get closer.
THE COURT: All right. Take your time.
THE WITNESS: It's White House area titled White House
Area marked Government's Exhibit Number 1. I can clearly see the
entire diagram and things written on it. It's just a question of
getting at an angle.
BY MR. FELDMAN:
Q.
Do you want to get closer? Do you want me to put it down
here maybe?
THE WITNESS: No, I'm okay, Mr. Feldman. I'm okay.
Once -- my group, I and my group approached along Pennsylvania
Avenue.
BY MR. FELDMAN:
Q.
Make a line with the lavender, you and your group.
A.
(Indicating).
THE COURT: So you're traveling west on Pennsylvania?
THE WITNESS: Yes, Your Honor. I stopped at approximately
this point, (indicating).
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BY MR. FELDMAN:
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Q.
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About parallel with the center line almost? Almost
parallel with the center line, maybe a few yards east of the
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center line from the White House?
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A.
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I stopped approximately in the center of the White House
fence, a little bit east of that.
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THE COURT: Put an X there with your initials.
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MR. FELDMAN: With your initials.
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THE COURT: Okay. So that's where you're stopped.
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MR. FELDMAN: Can you make it a little bigger? I can't --
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a little bigger. Why don't you make it equally big with the
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government's words, with the Court's permission.
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THE WITNESS: This is initially when I arrived. And once
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the speaking began and the park police cordoned off Pennsylvania
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Avenue, they pushed me and the rest of the crowd back across the
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street and would not allow us to stay on Pennsylvania Avenue but
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required us to go to the sidewalk in Lafayette Park, so
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eventually I ended up there. (Indicating), approximately here.
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THE COURT: Okay. I see.
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THE WITNESS: I was basically near the curb, Your Honor.
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BY MR. FELDMAN:
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Q.
10:32AM
Okay. Please continue. In any way you can, please, in
your own words, explain how this political demonstration --
10:32AM
well, let me -- do you want to have a seat or do you want to
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BY MR. FELDMAN:
Q.
It's not a memory contest. That's okay.

THE COURT: Ian Finkenbinder.
MR. FELDMAN: Oh, it is a memory contest.
THE COURT: And Daniel Foutou.
THE WITNESS: Foutou, yes, Your Honor.
THE COURT: I think that's 13.
MR. FELDMAN: Okay. Thank you.
BY MR. FELDMAN:
Q.
Now, did there come a time when you were giving orders --
that's a bad word. Did there come a time when you were speaking
through a bullhorn?
A.
Yes.
Q.
And more or less, what were you saying?
A.
I was engaging in chants, equality chants.
Q.
Were those --
A.
I was also speaking to President Obama directly regarding
equality. I was also narrating what was happening to the people

as they were -- the speakers as they were being arrested.
Q.
Right. I'm sorry to interrupt you. You said you were
addressing President Obama. Had you ever received an invitation

to address President Obama regarding this issue?
A.
No. You mean like a written invitation?
Q.
Not a gilded invitation. Were you construed as a -- --
A.
During -- President Obama gave a speech in 2009 during
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make --
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THE COURT: I can sit down.
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BY MR. FELDMAN:
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Q.
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Let me go into a little bit more detail about your
intent, okay. Tell the Court what the intent was, to use a
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dirty word, "mens rea" of this whole demonstration.
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A.
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The intent was to speak out against Don't Ask, Don't Tell
and discrimination against gay people in general and to demand
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equality.
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Q.
10:32AM
Now, just very -- give the names of the gay freedom
fighters that were deployed that day?
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A.
10:32AM
Well, the ones doing the actual speaking who were
arrested were Dan Photou, Miriam Ben-Shalom, Michael --
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Q.
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For the record, are you refreshing your recollection from
anything?
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A.
Just from my memory.
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Q.
I saw you looking down.
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A.
I was just counting.
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Q.
I'm sorry, I'm sorry.
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A.
To make sure. There were 13, so I wanted to make sure.
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Dan Photou, Miriam Ben-Shalom, Michael Bedwell, Father Geoff
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Farrow, Rob Smith, Dan Choi, Mara Boyd, Justin Elzie, Scott
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Wooledge, Evelyn Thomas.
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THE COURT: It's not a memory contest.
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THE WITNESS: Robin McGehee.
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the Human Rights Campaign dinner in which --
Q.
-- this is a gay thing, right?
A.
Which is a gay rights organization, a well-known gay
rights organization, gay rights lobbying organization.
Q.
Let me slow down. You want to say like -- Can we fairly
say that's where the big gay money comes from?

MS. GEORGE: Objection, Your Honor. Outside the conduct
of November 15th and the scope of that offense.
THE COURT: That's remarkable. I take it -- in Washington
parlance, that is where one would anticipate finding those people
who contribute greatly to gay causes, to the cause of human
rights with reference to homosexual people.
THE COURT: See how we talk in Washington. You have to
use all the right language.
MR. FELDMAN: I'm learning, sir. We New Yorkers are a
little down in the -THE COURT: All right.
THE WITNESS: Again, as part of my activism, I was
constantly researching and reviewing gay issues and gay news
events, so I knew the HRC dinner was -- had occurred, and I read
the remarks of the President online.
BY MR. FELDMAN:
Q.
Do you have an independent recollection of the exact
words of the president?
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MS. GEORGE: Objection, Your Honor.
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MR. FELDMAN: It goes to intent.
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THE COURT: It goes to intent. Overruled.
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BY MR. FELDMAN:
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Q.
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Do you have an independent recollection of the exact
words of President Obama inviting us to pressure him? If you
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don't, is there anything that could refresh your recollection?
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A.
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I remember the gist of it which is that he said he wanted
the gay community to pressure him, pressure leaders, including
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him.
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Q.
Okay. Were you present?
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A.
No.
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Q.
Okay. Was anybody that you know present?
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MS. GEORGE: Objection. If he wasn't even present, the
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government is moving to strike it from the record.
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THE COURT: How are you aware of the statements, sir?
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THE WITNESS: I believe that the video was online, Your
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Honor, and also it was reported in writing.
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THE COURT: So you saw it with your own eyes?
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MS. GEORGE: Which would be hearsay. Move to strike.
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THE COURT: It's not being offered for the truth of its
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content. I really don't care whether --
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THE COURT: It explains, I think it puts it in context,
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the notion of intent as to why they went to the White House that
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the arrests that resulted from this demonstration. You want us

to put it on the record now, the link orally?
THE COURT: Tell me about the link.
MR. FELDMAN: Yes. With your indulgence, Your Honor.
THE COURT: That's all right. Why don't you continue your
examination and your colleague can give me the URL and we can
note it for the record.
MR. FELDMAN: And after she gives it to you, I have on
consent that Your Honor admits it into evidence. So, at your
leisure, can you view it, please?
MS. GEORGE: I'm sorry, who has consented?
MR. FELDMAN: I have the government's consent, I believe.
MS. GEORGE: May I speak at the podium, Your Honor, in
reference to that?
MR. FELDMAN: Please.
MS. GEORGE: The government consented to an exhibit that
he was supposed to provide to the Court. The government -- the
Court has no exhibit to enter into evidence.
THE COURT: Well, what I could do, assuming we have time,
I could put it up in everyone's presence and we can all look at
it together. It exists, does it not?
MS. GEORGE: I believe Mr. Feldman was attempting to do
that but they told him he could not.
THE COURT: It's copyrighted?
THE COURTROOM CLERK: We don't have the Wi-Fi equipment, I
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day and bears on the First Amendment questions that I think are
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inevitably presented by this case. The objection is overruled.
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THE WITNESS: And Dan Choi spoke with me as well about
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this and told me he was there and that that was his motivation.
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BY MR. FELDMAN:
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Q.
Okay. So after you were addressing the president of the
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United States, after you were leading chants, C-H-A-N-T-S, did
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there come a time when your 13 soldier freedom fighter people
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were arrested?
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A.
Yes.
10:37AM
Q.
And you saw the video. Was that a fair and accurate
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representation of their arrest, or is there any better, fairer,
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more accurate depiction of their arrest?
10:37AM
A.
Yes.
10:37AM
Q.
Okay.
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MR. FELDMAN: Withdrawn, Judge.
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THE COURT: All right.
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MR. FELDMAN: Just for the record, maybe at some point,
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and this can be confirmed by your staff, we attempted to --
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there's a URL link to YouTube that we attempted -- and we can
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provide the Court with that link. I know this Court has some
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expertise, including to Your Honor's own Website, with these
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issues, and we also previously provided this URL address to
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YouTube, what I characterize as a more accurate identification of
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was told.
THE COURT: This is a very difficult building to get
Wi-Fi.
MR. FELDMAN: Was that on the record, what Ms. Coln -THE COURT: Ms. Coln said that there was -- you made an
effort, Mr. Feldman, to bring it to the courthouse but there were
technical difficulties in doing so because this building, being
an old building, has difficulty getting Wi-Fi reception. But as
I understand it, what you were going to do, had there not been a
technical glitch, was to ask me to look at this depiction, which
is on YouTube which I can take judicial notice of, of the fact
that it's an Internet-based viewing of usually videos, right?
MR. FELDMAN: Thank you so much.
MS. GEORGE: And I told Mr. Feldman that I did not object
to the authenticity of it because I actually viewed it, but the
government does have a concern and objects to the Court reviewing
it and the record not reflecting what it is and it being in the
record. So, for appeal purposes or whatever, it needs to be part
of the record, and it's not at this point in time.
THE COURT: All right. We will try to make an effort to
do that.
MR. FELDMAN: Thank you, Judge, and I apologize.
THE COURT: In other words -- let me ask you a question,
counsel, which is a question of copyright. Would an effort by us
to cause that video to be downloaded to a DVD and made part of
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the record, would that be prohibited by YouTube's policies with
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reference to copyright?
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MR. FELDMAN: That link was retweeted by many, many people

which --
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THE COURT: I'm sorry, retweeted?
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MR. FELDMAN: It's a new word. It's actually in the
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dictionary, Judge, R-E-T-W-E-E-T-E-D.
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THE COURT: I understand what you mean, but you're saying
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it is within the YouTube Website where this object can be seen,
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and your colleague is going to give me the Website. All right.
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Let me see what we can do about that.
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MR. FELDMAN: Thank you, sir.
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MS. GEORGE: Well, could we at least put the Website --
10:41AM
THE COURT: She's writing it down for me and I'll read it
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into the record.
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MR. FELDMAN: And the Judge told me to continue my
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interrogation.
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THE COURT: Just hand it to me, counsel. I'll continue
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while they do that. Okay.
10:41AM
BY MR. FELDMAN:
10:42AM
Q.
10:42AM
Can you tell the Court the only reason why you are not
still in the military?
10:42AM
A.
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Because I'm gay and Don't Ask, Don't Tell prohibits me
from being in the military and caused me to be discharged from
10:42AM
the military.
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THE COURT: Okay. Thank you. Cross-examine.

CROSS-EXAMINATION OF JAMES E. PIETRANGELO
BY MS. GEORGE:
Q.
Good morning.
A.
Good morning, ma'am.
Q.
How are you?
A.
I'm fine, thank you.
Q.
Could you please tell me how you pronounce your last
name?
A.
Pietrangelo, like Michael Angelo but Pietrangelo.
Q.
Peter as in P-E-T-E?
A.
Yes, ma'am.
Q.
Pietrangelo?
A.
Yes, ma'am.
Q.
Thank you. So you said that you're friends with
Defendant Choi; is that correct?
A.
Yes, ma'am.
Q.
And could you please point to Defendant Choi?
A.
(Indicating). He's in a uniform at the defendant's
table.
MS. GEORGE: Your Honor, please let the record reflect
that Mr. Pietrangelo identified the defendant.
THE COURT: It will.
BY MS. GEORGE:
Q.
And you said that you are a lawyer, so you went to law
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Q.
But for this tragic legislation that has caused the
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victimization of 14,000 brave men and women, would you be in the
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military?
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A.
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Yes. And as soon as the ban officially lifts in
September, I'm going to apply to rejoin the Army.
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Q.
God willing. Godspeed. No further questions.
10:42AM
THE COURT: I had a question. In the video, when the
10:42AM
arrest began to occur, in the ancient tradition of civil
10:42AM
disobedience, people go limp. Was that pursuant to your
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direction?
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MS. GEORGE: Which video are we referring to?
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THE COURT: The 27th, the one I saw. In that one I
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noticed that as the people -- in other words -- Counsel, please
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listen to me, okay.
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MR. FELDMAN: I'm sorry. I'm just trying to sit down
10:42AM
here.
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THE COURT: It's sort of a three-phase process. Phase
10:42AM
one, the cop comes and cuts with the bolt cutters. Number 2,
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when an effort is made to put the handcuffs, the plastic
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handcuffs on people, it was my impression that they go limp, that
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is, they relax their bodies and go down, and therefore when they
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are handcuffed they are usually in a prone or lying position. Is
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that pursuant to your direction and guidance?
10:43AM
THE WITNESS: No, Your Honor. I simply said disengage the

reflex.
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school?
A.
Yes, ma'am.
Q.
And you have a law degree?
A.
Yes, ma'am.
Q.
And you've been admitted to the bar in how many states?
A.
Two, Ohio and Vermont.
Q.
Ohio and Vermont. And you met Mr. Choi in 2009; is that
correct?
A.
I spoke with him in 2009, yes, ma'am.
Q.
Okay. When did you actually meet him?
A.
In 2010.
Q.
In 2010. In what month of 2010?
A.
March.
Q.
March of 2010?
A.
Yes, ma'am.
Q.
Do you remember what day it was in March?
A.
It was March 17th.
Q.
March 17th. So, one day before you and Defendant Choi
went to the White House sidewalk and chained yourselves to the

White House?
MR. FELDMAN: Objection. The captain did not chain
himself to the White House at any point.
BY MS. GEORGE:
Q.
Did you affix yourself to the White House fence on March
18th?
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A.
Yes, ma'am.
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And with what?
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A.
With handcuffs.
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So you were connected with something metal to the White
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House fence?
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A.
I was connected by handcuffs to the White House fence.
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Yes. And they were metal; isn't that correct?
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A.
Yes, ma'am.
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And you were with Defendant Choi, correct?
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A.
Yes, ma'am.
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And he was handcuffed to the White House fence?
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A.
Yes, ma'am.
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Q.
Correct?
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A.
Yes, ma'am.
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Q.
But prior to March 17th, you communicated via e-mail,
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correct?
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And telephone.
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And telephone. So, when did you start to speak with
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Defendant Choi via telephone?
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A.
When did I start to speak, is that what you said?
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Q.
You said you first contacted him by e-mail. When did you
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first start talking to him by telephone --
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A.
I believe it was approximately a week prior to the 17th.
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Q.
And the purpose of the e-mail and these telephone
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conversations was to get geared up to, quote-unquote, as you
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that correct, to bring more attention to your cause?
A.
I don't recall that being said. I --
Q.
So, did you bring up the idea of the handcuffs? Who
brought up the idea of the handcuffs?
A.
Dan Choi did.
Q.
And since you are educated in the law and you were
focusing on civil disobedience, you know there are many ways to

chant and demonstrate and protest; isn't that correct?
A.
Theoretically, I guess, yes.
Q.
So you could have gone to the White House and just walked
around on the White House sidewalk; isn't that correct, with

signs; isn't that correct? You could have done that; isn't that
correct?
A.
I'm thinking. Could you give me a second, please. I
imagine we could have done that.
Q.
My question is just to your physical ability to do that.
You could have shown up, walked with a sign, and gave the same
chants that you gave on November 15th, 2010; isn't that correct?
A.
Well, we're talking hypothetical, so I can't compare what
could have happened with what did happen because it's dependent
upon reality. Sometimes reality drives what happens, so --
Q.
I'm not asking you to compare anything. I'm asking
you -- you, as a former military person, you have the physical

ability to use your legs and arms?
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describe it, with the freedom fighters; is that correct?
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A.
It was to discuss speaking at the White House.
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Q.
Right, to engage in your free speech, correct?
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A.
Yes, ma'am.
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Q.
And to voice your opinion about your cause that you
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talked about previously on direct examination, correct?
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A.
Yes, ma'am.
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Q.
And you mentioned -- did you have any meetings prior to
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March 17th with Defendant Choi?
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A.
Other than on the phone? No in-person meetings.
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Q.
On March 17th, where did you meet with Defendant Choi?
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A.
I met him here in D.C. at a private residence.
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Q.
And there were other people there; isn't that correct?
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A.
Yes, that's correct.
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And the discussion in that meeting was the cause that you
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went to the White House fence for, correct?
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A.
That's correct.
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And how you were going to effectuate voicing your views
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regarding that cause, correct?
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A.
That's correct.
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Q.
And at that meeting you specifically discussed the use of
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handcuffs; isn't that correct?
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A.
That's correct.
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Q.
And you specifically discussed that you wanted to chain
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yourself to the White House fence to focus on your cause; isn't
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THE WITNESS: Yes.

BY MS. GEORGE:
Q.
Isn't that correct?
A.
Q.
So you could have walked to the White House fence; isn't
that correct?
A.
Yes.
Q.
And you could have had a sign in your hand; isn't that
correct?
A.
I haven't analyzed the legal issue, but I guess, yes.
Q.
And you could have protested with the sign walking in
front walking on the White House sidewalk; isn't that correct?
A.
Theoretically, yes.
Q.
Versus handcuffing yourself to the White House fence;
isn't that correct?
A.
Theoretically, yes.
Q.
But you made a choice to handcuff yourself; isn't that
correct?
A.
That's -- yes, that's one of the rights that the
Constitution gives, is that the speaker determines the mode of

speech; not the government.
Q.
Correct, but also the Constitution says you can't yell
"fire" in a crowded movie theater, doesn't it?

MR. FELDMAN: Objection, relevance. There's no fire here.
THE COURT: I'll take judicial notice of the fact that the
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Constitution doesn't say anything about fire in a crowded
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theatre. That's a reference to Justice Holmes's opinion. That's
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a reference to Justice Holmes's opinion. The question here is,
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as a lawyer, if you know, which I think Ms. George is drawing
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your attention to or trying to elicit from your testimony is
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that, as she sees it, those rights are not absolute.
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THE WITNESS: I understand, Your Honor.
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THE COURT: And concede that?
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THE WITNESS: I do.
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BY MS. GEORGE:
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Q.
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And you understand that there are legal limits to your
First Amendment rights; isn't that correct?
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A.
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There's Constitutional limits that may involve the law,
yes, ma'am.
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Q.
And the Constitution is a type of law, isn't it?
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A.
Yes, ma'am.
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Q.
So there are legal limits to your Constitutional rights?
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A.
I was just distinguishing between the Constitution and
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statutes and ordinances. A statute and an ordinance can be
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unconstitutional, so I just wanted to make the distinction.
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Q.
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So there are legal limits, statutorily, case law, to your
Constitutional rights, you do not have an unbridled
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Constitutional right to free speech; isn't that correct?
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A.
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That's absolutely correct.
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BY MS. GEORGE:
Q.
And this was part of your pattern to bring forth your
cause -- or bring attention to your cause; isn't that correct?

MR. FELDMAN: Objection, facts not in evidence.
THE COURT: No, that's overruled. Why were you going to
do that. Maybe we can, if you don't mind -- you appreciated that
if you did that, your arrest was inevitable; isn't that true?
THE WITNESS: No, Your Honor, that was -THE COURT: Please explain the reasoning why you thought
you would be able to avoid arrest if you chained yourself to the
White House fence.
THE WITNESS: Your Honor, I did not believe and I don't
think anyone else believed that that was illegal. We believed it
would draw further attention to the situation, but it was a prop
to a speech.
THE COURT: That's very important. Now, I'm sorry, but I
have always thought that the effort of these 13 people that day
was an act of classic American civil disobedience, i.e. to
exercise their rights and then take the consequence of being
arrested for doing so. Did you formulate your thinking that day
along that line?
THE WITNESS: Your Honor, my thinking was -- our thinking
was not to violate the law. Our thinking was to engage in the
speech which, because the government discriminates against gay
people, would cause them -- might cause them to arrest us. In
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Q.
Thank you. And Defendant Choi, in you speaking with him
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in this meeting on March 17th, he decided to handcuff himself.
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In fact, he's the one who brought it up, correct?
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MR. FELDMAN: Well, objection to the first part of the
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compound question and of commenting. No objection to the second
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part.
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THE COURT: All right. Do you understand?
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THE WITNESS: If she could repeat it, Your Honor.
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THE COURT: Please.
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BY MS. GEORGE:
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Q.
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Did you talk to Dan Choi in that meeting about
handcuffing yourselves to the White House fence?
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A.
Yes.
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MR. FELDMAN: That was asked and answered.
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THE COURT: He answered it.
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BY MS. GEORGE:
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Q.
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And did he state that he was going to handcuff himself to
the White House fence?
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MR. FELDMAN: Objection.
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A.
Yes.
10:51AM
Q.
And didn't he come up with the idea to handcuff himself
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to the White House fence?
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THE COURT: Answer, please.
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THE WITNESS: Yes.
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other words, it wasn't -- they wouldn't arrest us because we

violated the law, they would arrest us because we were gay people
demanding equality in front of the White House and they couldn't
tolerate that.
THE COURT: But you would appreciate with me under the
O'Brien case which is the famous draft card burning case -THE WITNESS: Yes, Your Honor.
THE COURT: We know the distinction the Supreme Court has
drawn between speech and action. Did you contemplate that the
act of chaining yourself to the fence would bring in its wake
what did, in fact, occur, i.e., bolt cutters would be used, you
would be removed and arrested?
THE WITNESS: We believed that might happen, Your Honor.
THE COURT: And you were willing to accept that
consequence as the product of your civil disobedience?
THE WITNESS: I was -- yes, Your Honor, I was willing to
accept any consequence for the sake of demanding equality.
THE COURT: I understand. So if that happened, so be it?
THE WITNESS: Yes, Your Honor, but the intent -- but our
intent was not to waive our rights to insist that we were
innocent because we were innocent.
THE COURT: I see. But if it came to be that you were
going to be arrested, you would submit to those arrests
nonviolently?
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THE COURT: Now, I guess I'm a bit startled. Did you
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anticipate that chaining yourself to the White House would not
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bring the use of power in the form of the bolt cutters to stop
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that?
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THE WITNESS: Your Honor, I honestly didn't -- that was
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not an idea in my mind. I didn't know what was going to happen.

THE COURT: It is my understanding, and please correct me
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if I'm wrong, you were not going to unchain yourselves until you
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believed your demonstration was over. Was there an ultimate plan
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that we will do this for X amount of time and then I will give
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the signal and at that point we will unchain ourselves and go
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home?
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THE WITNESS: Not exactly, Your Honor. It was -- it
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certainly was we were going to have our say, so to speak, and
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when we were done, if we chose to, yes.
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THE COURT: Chose to?
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THE WITNESS: To dis -- to uncuff.
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THE COURT: And then if, in the meanwhile, you had not
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been arrested, the demonstration would have ended and you would
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leave the premises?
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THE WITNESS: We're talking the first arrest, Your Honor,
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still? That was my intent, yes, sir.
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THE COURT: When you say the first arrest, we're not
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talking about the arrest on November 15th.
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MS. GEORGE: No, I was inquiring about March 18.
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indicated that you were going to stay handcuffed to the fence

until you were heard about your causes?
MR. FELDMAN: Asked and answered by the eminent Court much
more articulately asked.
THE COURT: All right. Overruled. Thank you for the
compliment, but overruled.
THE WITNESS: Yes.
BY MS. GEORGE:
Q.
And you told the Court you were willing to stay
handcuffed until you decided to unhandcuff yourself; is that

correct?
A.
Until we had finished speaking.
Q.
All right. And so Mr. Choi, Defendant Choi was part of
that conversation in the meeting on March 17th when you

discussed those particular issues?
A.
Yes.
Q.
Handcuffing and unhandcuffing, correct?
A.
Yes.
Q.
And so you had handcuff keys on your person; isn't that
correct?
A.
At what point?
Q.
On March 18th. If you were going to unhandcuff yourself,
you had to have a handcuff key; is that correct?
A.
I could only speak to myself. I had -- I could only
speak on that -- on that morning, I could only speak to myself.
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THE WITNESS: I wasn't arrested that day, Your Honor.
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THE COURT: Let's get down to cases. Was the intention
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different on November 15th?
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THE WITNESS: I don't recall what -- I wasn't speaking
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with the other 13. I was on the bullhorn, Your Honor.
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THE COURT: I know, but before that occurred, did you meet
with these folks and discuss what was going to happen?
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THE COURT: And was there a discussion of what would
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happen if you chained yourself to the White House fence?
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THE WITNESS: Again, Your Honor, I think it was the same
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as the two previous times, which is that we discussed that it
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might invite arrest.
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THE COURT: And if it did -- and you also, I take it, had
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concluded that if there was movement toward you by police
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authorities, you would not unchain yourselves but instead would
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submit to arrest?
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THE COURT: Because that would be most consistent with
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your philosophical belief that we are to be heard until we are
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finished and we will decide when we are finished.
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THE COURT: Thank you very much.
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BY MS. GEORGE:
10:56AM
Q.
10:56AM
Mr. Pietrangelo, taking you back to March 18th, 2010, you
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I had a handcuff key. I don't recall whether Dan did.
Q.
But if Dan indicated to you that he wanted to be
unhandcuffed, you would have unhandcuffed him; isn't that

correct?
A.
I'm not sure if my key would have worked on his set of
handcuffs.
Q.
But you would have tried. If Defendant Choi said, we're
done protesting about this cause, I'm ready to go, do you have a
handcuff key, can you unhandcuff me, try to unhandcuff me -MR. FELDMAN: Objection, Your Honor.
BY MS. GEORGE:
Q.
-- you would have done it?

MR. FELDMAN: Assuming facts not in evidence. There's
some indication from government witnesses that some of these keys

may fit other ones. There's no indication that the Captain's key
would have fit the Lieutenant's cuffs.
THE COURT: But in any event, there was never a point, as
you explained to me, that there would come a time and the
signal -- my signal or someone else's signal, we will decide that
we are finished, uncuff ourselves and leave. That was not part
of the plan, was it?
THE WITNESS: The signal part, no, Your Honor. I don't -not every aspect was planned out. Our intent was to speak and to
make sure that we completed our speaking. I'm not sure what
else -- I'm not sure if I follow you.
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THE COURT: Maybe we can put this in a historical context.
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If, as occurred in the '50s, you were protesting, you were
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an African-American and you were protesting that you couldn't be
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served at the counter in Greensboro, North Carolina, you sat
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there, and you were asked to leave and you continued to sit there
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until the police came and took you, all right, that's the classic
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civil disobedience. So the instructions are not stay there and
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then get up when the cops come, they are stay there. Your model,
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I take it, was in that tradition, we will be heard, we will chain
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ourselves, and we will not leave until we are finished; is that
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right?
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BY MS. GEORGE:
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Q.
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So following that line of thought, you were willing to
get arrested -- I'm talking about on March 18th -- you were
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willing to get arrested?
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A.
We were going to speak no matter what the consequence.
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Q.
Right. So if that meant you getting arrested, you would
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have been arrested?
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MR. FELDMAN: Asked and answered a third or fourth time,
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Judge.
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THE COURT: I think we have it. Thank you.
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THE WITNESS: Yes.
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MS. GEORGE: And Your Honor, for the record, before I ask
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understanding how many times you were arrested with Mr. Choi at
the White House fence. So, focusing on March 18th, 2010, you
were arrested with him at the White House fence; is that
correct?
BY MS. GEORGE:
Q.
It was just you and him handcuffed to the fence, that's
it; is that correct?
A.
That's correct, yes.
Q.
And before you got to the fence, you actually walked down
Pennsylvania Avenue, you and Mr. Choi, with some civilians

following behind you; isn't that correct?
A.
If I could just clarify something, my previous answer.
Dan and I were on the fence -- the only ones on the fence on
March 18th, but there was a third person arrested that day but
she was not on the fence.
Q.
I wasn't asking about anybody else who wasn't arrested.
A.
I just wanted to clarify.
Q.
You and Mr. Choi were handcuffed to the fence on March
18th and you were arrested; isn't that correct?
A.
Yes, ma'am.
Q.
And prior to being on the fence, you and Mr. Choi met up
somewhere and then you arrived at Pennsylvania Avenue; isn't

that correct?
A.
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this question, Mr. Feldman asked several questions about why the
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police officers didn't ask for them to be unhooked from the fence
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or offer for them to be unhooked from the fence. These questions
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go directly to his cross-examination.
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THE COURT: Go ahead, please. I think at this point, and
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I think it's a point fairly well taken, is that that question had
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been unequivocally conceded in response to my questions and
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yours, that they were going to stay and they knew they were going
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to get arrested.
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BY MS. GEORGE:
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Q.
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And when you say "they," you mean Mr. Choi as well; isn't
that true?
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THE COURT: Of the 13 people who were there?
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MS. GEORGE: I'm not talking about the 15th, I'm talking
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about March 18th.
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MR. FELDMAN: Judge, again, I'm going to object because it
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is, in my humble opinion, unethical once the Court rules to ask
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the Court more than one time, in my humble opinion, in my humble
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experience of 31 years, more than one time is rude and unethical
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and I object. It's not the first time, Judge. I more vigorously
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object now because it's my case.
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THE COURT: All right. Ms. George, please proceed.
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MS. GEORGE: Thank you.
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BY MS. GEORGE:
11:01AM
Q.
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Let me ask it this way so the Court can have an
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Q.
And then you walked down Pennsylvania Avenue towards the
White House fence; isn't that correct?
A.
Yes.
Q.
And on that day you had some civilians following you;
isn't that correct?
A.
That's correct.
Q.
Because having those people behind you, you wanted to
highlight your cause and show your dedication and you said
commitment to activism; isn't that correct?
A.
I'm not sure that was the exact purpose. I mean, I guess
generally speaking we invited a crowd to go with us to the White

House in support of what we were doing and they followed, yes:
Q.
Okay. And you ended up getting handcuffed there?

THE WITNESS: I'm sorry?
MS. GEORGE: You end up getting handcuffed.
MR. FELDMAN: Objection. He didn't get handcuffed, he
handcuffed himself.
THE COURT: That's true. No one handcuffed you there; you
handcuffed yourself?
THE WITNESS: I handcuffed myself, Your Honor.
THE COURT: And this is all on March 18th?
MS. GEORGE: And after you arrived to the White House
fence, eventually some law enforcement officers showed up; isn't
that correct?
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THE WITNESS: Some were present, additional showed up,
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yes, ma'am.
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BY MS. GEORGE:
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Q.
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Yes. And then they told you that you needed to leave the
White House fence; isn't that correct?
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THE WITNESS: I'd like a moment to think about that, if I

may, Your Honor.
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THE COURT: Sure.
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THE WITNESS: I don't honestly recall exactly what they
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said.
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BY MS. GEORGE:
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Q.
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But they had a discussion with you about leaving that
area where you had handcuffed yourself to; isn't that correct?
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A.
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I -- we certainly were spoken to by park police officers.
I don't recall exactly what they said. I simply don't.
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Q.
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Okay. If there was a video of what they said, would that
refresh your recollection as to what was told to you?
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A.
It might possibly.
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Q.
And before they -- let's assume you didn't hear. So
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before they stated --
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MR. FELDMAN: Objection. Wait, wait, wait, wait. He
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never said he didn't hear. He said he didn't recall what they
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said. There's a big difference.
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THE COURT: With that correction, I think that's correct.
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You don't recall?
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A.
Um, time did pass after the first arrest, yes.

THE COURT: No, don't say arrest; the first announcement.
You said arrest. Did you mean to say arrest?

THE WITNESS: Yes, sir. Are you asking about the second
arrest?
BY MS. GEORGE:
Q.
No, I'm asking about March 18th, and you said that
something was said to you over the speakerphone.
A.
Yes.
Q.
And I said some passage of time went by after that first
statement until -MR. FELDMAN: Objection. Time always passes after any
event, including on the alleged morning.
THE COURT: I think I understand. And you were a little
overly confused here. She's asking about March 18th. There's
the utterance of some word on the speakerphone and the question
is, did some time pass before something else occurred?
MR. FELDMAN: Objection to that. Time always passes
before -- I rarely object to the Court.
THE COURT: We can be a little less exponential. After
that announcement, did something else happen?
THE COURT: Tell us what.
THE WITNESS: If I could just -- Your Honor, if I could
just explain one thing, and I'm a little bit embarrassed to admit
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THE WITNESS: That's right, Your Honor. I recall them

speaking to us Your Honor, I don't recall exactly what they said.
THE COURT: If there was a video, that would refresh your
recollection, and you said yes; is that right?
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THE COURT: Thank you, sir.
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BY MS. GEORGE:
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Q.
And before they started speaking to you, the police
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officers actually set up a perimeter that enclosed you and
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Mr. Choi on the White House fence; they put up yellow tape;
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isn't that correct?
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A.
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Yes and no. I don't know if it was -- I don't know at
what point in their interaction with us they closed it off, but
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at some point it was closed off, and I'm not sure if it was with
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tape or barricades, but they did close it off from what I
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recall, yes, ma'am.
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Q.
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And then after they closed it off, they made warnings to
you; isn't that correct?
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A.
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I do recall something was said over the speakerphone. I
don't recall what.
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Q.
Okay.
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A.
I don't recall what.
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Q.
And something was said over the speakerphone on one
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occasion, and then there was a passage of time; isn't that
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correct?
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this, but that's the first time that I was sort of chained to the
White House fence, so a lot of it sort of is going in slow motion
at a certain point.
THE COURT: That's perfectly understandable. Just tell me
as best as you can what happened.
THE WITNESS: Well, the crowds -- they cordoned off the
street. I remember other officers arriving. I remember a big
crowd developing. I remember press being there. I remember Dan
speaking from the fence. And I remember subsequent things were
said over the car amplification system. Again, I don't recall
what.
THE COURT: Do you remember more than one such
amplification emanating from that call?
THE COURT: And obviously there was one and then there was
another?
THE WITNESS: There was another.
THE COURT: Can you estimate the amount of time that
elapsed between the two?
THE WITNESS: It was minutes, but I don't remember how
many, Your Honor.
THE COURT: I think that's it. Thank you.
MS. GEORGE: Your Honor, I have an exhibit here marked as
Government's Exhibit 16, which is some YouTube coverage of the
previous testimony that Mr. Pietrangelo described of he and
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Mr. Choi approaching the White House fence.
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THE COURT: On March 18th?
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MS. GEORGE: Yes, on March 18th.
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THE COURT: Any objection to my seeing it?
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MR. FELDMAN: Have I seen this? Has it been provided to
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me?
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MS. GEORGE: I believe we did provide copies.
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MR. FELDMAN: I need to see it before I can say that it
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was provided to me. I need to look at it, Judge.
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THE COURT: All right. How long is it?
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MS. GEORGE: It's probably about four or five minutes,
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Your Honor.
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THE COURT: All right. Since it may or may not come into
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evidence, I think I should leave the bench so you can see it.
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I'll be right back here.
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(Thereupon, a break was had from 11:06 a.m. until
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11:14 a.m.)
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MR. FELDMAN: Judge, before we begin, I'm sorry. There is
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somebody else at counsel table who, with the Court's permission,
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will be assisting me if I need it. He's the -- Norman Elliott
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Kent from Ft. Lauderdale, Your Honor.
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THE COURT: Welcome back.
11:21AM
MR. KENT: Delayed by 24 hours thanks to Hurricane Irene.
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THE COURT: You're here.
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MS. GEORGE: Your Honor, just for the record, when the
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A.
Yes, ma'am.
Q.
And you're also handcuffed to the fence; isn't that
correct?
A.
He and I are both handcuffed to the fence, that's right.

(Videotape played.)
BY MS. GEORGE:
Q.
Now, Mr. Pietrangelo, you see in this frame there's two
officers in black uniforms and then one African-American officer

in a light blue long sleeved shirt. Do you do you see that in
this frame?
A.
Yes, ma'am.
Q.
And the officer that's in the black uniform that does not
have a hat on, he actually used a key to unhandcuff you, didn't

he?
THE WITNESS: He actually did what?
BY MS. GEORGE:
Q.
Used a handcuff key to unhandcuff you, didn't he?
A.
I can't tell what he did.
Q.
On the video, you're saying you can't tell what he did?
A.
I wasn't actually looking at that point on the video. If
you can replay it, please.
Q.
I can rewind it for you. Let me just ask you this
question. Are you saying you don't have an independent

recollection of what that officer did that day?
A.
No, I wasn't looking down there. So no, ma'am, I don't.
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Court left, the government was going to show Mr. Feldman
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Government's Exhibit Number 16. However, the CD or DVD that's
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been marked as Government's Exhibit Number 16 would not play in
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the DVD player, so then I inserted Government's Exhibit 46, which
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was previously provided to Mr. Feldman's paralegal -- I'm sorry,
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45, which was previously provided to defense counsel, and
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Mr. Feldman says he has no objection to it being entered into
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evidence at this time.
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MR. FELDMAN: That's correct, Your Honor. Without
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objection, Your Honor.
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(Government's Exhibit 45 admitted into evidence.)
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THE COURT: Thank you. And I am to see it, I think.
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MS. GEORGE: State that again.
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THE COURT: I am to see it?
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MS. GEORGE: Yes. I'm going to play it right now.
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(Videotape played.)
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MS. GEORGE:
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Q.
Mr. Pietrangelo, that is Dan Choi, correct?
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A.
Yes, ma'am.
11:22AM
Q.
And did you see the first frame of Government's
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Exhibit 46?
11:22AM
A.
Yes.
11:22AM
Q.
And you're standing, if you're facing the White House, to
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his right; isn't that correct?
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Q.
So you don't remember what happened?

MR. FELDMAN: Asked and answered. That's the third time.
THE COURT: I think we got it. So, obviously, no one is
holding bolt cutters in this frame, right?

THE WITNESS: Right. On the video, Your Honor, yes.
THE COURT: You don't remember bolt cutters that day, do
you, that were used?
THE WITNESS: I don't, Your Honor. I was concentrating on
looking forward and -THE COURT: And you -MR. FELDMAN: Judge, I think you were cutting him off,
with all due respect, Your Honor.
THE COURT: I'm sorry. What did you mean to say?
THE WITNESS: Your Honor, I was concentrating on looking
forward.
THE COURT: I got you.
BY MS. GEORGE:
Q.
Well, I'm rewinding it and I'll replay it so you can look
at it, okay.
(Videotape played.)
BY MS. GEORGE:
Q.
So at that point, you didn't unhandcuff yourself from the
fence, did you?
A.
No.
Q.
So you remember that you didn't use your key that you had
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in your pocket; isn't that correct?
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A.
Yes, ma'am.
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Q.
And Mr. Choi didn't ask you to unhandcuff him, did he?
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A.
I don't recall that he did, no, ma'am.
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Q.
But did it show on the video him speaking to you during
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this point in time?
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MR. FELDMAN: Objection as to the form, Judge. How can a

video show him talking to you? And at which particular time?
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THE COURT: No, I think it was clear. In the video, as
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you observed it, sir, did you see the gentleman who was to your
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left identified as the defendant, did you see him speak to you?
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THE WITNESS: No, sir.
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BY MS. GEORGE:
11:28AM
Q.
Thank you.
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MS. GEORGE: Thank you, Your Honor.
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(Videotape played.)
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MS. GEORGE: Your Honor, is the Court finished watching?
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I can top it.
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THE COURT: It's your evidence.
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MR. FELDMAN: Can I have a second, Judge?
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THE COURT: Yes.
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MR. FELDMAN: Can you please put that back on. Can I have
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a second?
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(Discussion had off the record.)
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MR. FELDMAN: I would like to discuss this privately, with
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MR. FELDMAN: No, no. My client wants to see the whole

thing.
MS. GEORGE: It stopped on its own.
MR. FELDMAN: Then I stand corrected.
I'm sorry, sir.
THE COURT: All right. It's in evidence. Thank you very
much. Your question then.
BY MS. GEORGE:
Q.
Prior to -- you said there was a meeting on March 17th,
correct?
A.
Yes.
Q.
And in that meeting you and Mr. Choi planned the incident
that's memorialized on Government's Exhibit's Exhibit 46; is

that correct?
A.
Well, we planned our actions, yes, ma'am.
Q.
And I'm sorry, Government's Exhibit 45, which you just
viewed, showed your actions on March 18th at the White House

fence; isn't that correct?
A.
Yes, ma'am.
Q.
And in that meeting, you discussed to put on, as you
described it to the Judge, your military BDUs; is that correct?
A.
ACUs, yes, ma'am.
Q.
ACUs?
A.
ACUs, yes, ma'am, the same thing as BDUs, it's a
different, newer terminology.
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the Court's permission.
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THE COURT: Thank you. I think he wants you to go with
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him. Just stand back there. It's just like coming to the bench,
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but do it the other way.
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MR. FELDMAN: I ask that it all be played, Judge.
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THE COURT: Why don't you finish, please.
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MR. FELDMAN: For the record, I won't give the private
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conversation we had. I tried to resolve it.
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MS. GEORGE: I'm not --
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THE COURT: Excuse me. Please don't shout.
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MR. FELDMAN: I'm not trying to be --
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THE COURT: Play the rest of the DVD.
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MS. GEORGE: Did the Court want to see the rest of the
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DVD?
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THE COURT: I do.
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THE COURT: I can't imagine it's much longer.
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MR. FELDMAN: I tried to determine that, Your Honor.
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THE COURT: All right. Let's see it.
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(Videotape played.)
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THE COURT: Can we all agree we can stop now? Counselor,
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can we stop now?
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MR. FELDMAN: Can I ask my client, Judge?
11:30AM
(Discussion had off the record between Court and counsel.)
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Q.
But you described it earlier as BDUs; isn't that correct?

MR. FELDMAN: Objection. He said before that that was the
old fashioned way, and Your Honor said the real old fashion way
is fatigues.
THE COURT: That's right.
MS. GEORGE: Your Honor, I'm just trying to tie them up to
make sure the record is correct.
THE COURT: Please proceed. Thank you.
BY MS. GEORGE:
Q.
And at that preplanning meeting -- earlier you said,
before you talked about the March 17th, that you were the legal
advisor or you gave advice to this group as to how they could
not break the law or what the laws were; is that not correct?
A.
No, ma'am, I did not testify to that.
Q.
All right. You did not provide any legal advice in the
planning meeting on March 17th, 2010?
A.
That's correct. I never advised anyone. I provided
information and my personal preferences.
Q.
With regard to the nonviolence; is that correct?
A.
Yes, ma'am.
Q.
So you're telling this Court that on March 17th, there's
no discussion about what actions may result in you and Mr. Choi
being arrested?
A.
As I testified before, we discussed engaging in the free
speech and that that might trigger arrests.
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Q.
The free speech, but it was also coupled by your conduct
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walking on the White House sidewalk; isn't that correct?
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MR. FELDMAN: Objection. Conduct is speech. Does Your
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Honor want the cases?
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THE COURT: No. I'm familiar with the cases. I think
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we're quibbling over legal issues, but the point is -- would you
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state your question?
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MS. GEORGE: My question is, Your Honor, that you went
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there to exercise free speech; isn't that correct?
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A.
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Yes, ma'am.
BY MS. GEORGE:
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Q.
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And in exercising that free speech, you walked on the
White House sidewalk; isn't that correct?
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MR. FELDMAN: Asked and answered in the video a third
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time.
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THE COURT: I think you objected. Obviously you walked on

the White House sidewalk to get where you were.
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THE WITNESS: Yes, sir.
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BY MS. GEORGE:
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Q.
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And you stepped up on the ledge that's connected to the
White House fence that you were handcuffed to; isn't that
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correct?
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A.
11:33AM
We stepped up on the pedestal, the base of the fence,
yes, ma'am.
Q.
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Yes. And on March 17th, you and Mr. Choi discussed
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THE COURT: And what conclusion, if any, did you reach?
THE WITNESS: If we were on the ledge, we were legally
safe because it was not the sidewalk.
BY MS. GEORGE:
Q.
And then after you were at the White House fence on March
18, you -- on March 18th you were arrested and you saw that on
the exhibit; isn't that correct, on Exhibit 45?
A.
Just now.
Q.
And then you went to Superior Court; isn't that correct?
A.
At some point, yes, ma'am, we were booked at the police
headquarters, and then we were transferred to the D.C. cell

blocks, and then the next day we appeared in D.C. Superior
Court, yes, ma'am.
Q.
And you were released on March 19th; isn't that correct?
A.
Yes, ma'am.
Q.
And then you and Defendant Choi stood in front of the
D.C. Superior Court courthouse and gave a speech; isn't that

correct?
A.
We appeared in front of the courthouse. We took photos.
I'm not sure if we spoke with some people, and I'm not sure -- I
don't recall giving a speech, but we certainly said -- we spoke
with people.
Q.
But Mr. Choi was actually the one doing the speaking;
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taking those actions in addition to exercising your free speech;
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isn't that correct?
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MR. FELDMAN: Objection. It's not in addition, it's the
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speech. I think -- I was hoping the government would have an
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attorney who knows the law.
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THE COURT: Let me see if I understand something. Did you
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have a discussion with the defendant on March 17th of how you
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would proceed that day?
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THE COURT: And did it involve walking to the place you
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THE COURT: Did you discuss in any way the legal
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implications of your doing that?
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THE WITNESS: That it might involve arrests, Your Honor,

and that it was legal to be on the masonry base.
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THE COURT: You felt -- it was in your view that it was
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appropriate to be there on the base?
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MR. FELDMAN: Well, objection to the -- I hate -- for the
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record, is the question appropriate or legal or both? Because
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you changed it.
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THE COURT: I tried to capture your word. I thought you
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said appropriate, or did I say appropriate? Well, whichever I
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said, did you give any thought in your own mind to the
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legitimacy, as a matter of law, to mounting that ledge?
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isn't that correct, in front of the courthouse?
A.
In all honesty, ma'am, I just remember meeting people and
Dan and I meeting people and speaking with them. That's what I
recall.
Q.
You don't recall talking to the media in front of the
courthouse?
MR. FELDMAN: Objection. In this day and age in the 21st
century, one must define media, and I think you understand what I
mean, Judge.
THE COURT: Every once in a while in this courthouse you
walk outside and there are literally a bank of microphones. And
people walk up to them and there's a question, what happened
today, who are you, whatever. Let's call that the media, whether
they're bloggers or whatever; that is, they are people who are
interested in asking questions for dissemination to the public.
Is that what happened? You walked out and there were a bank of
people waiting for you, some with microphones, some with tape
recorders?
THE WITNESS: I barely -- Your Honor, I've been to several
of these events, so I think I recall that there was maybe a
photographer and a reporter, at least. It's -- those parts are
merging together, but I believe so, Your Honor.
BY MS. GEORGE:
Q.
And if you saw a video of that, would it refresh your
recollection as to the details?
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MS. GEORGE: Your Honor, that's government's --
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MR. FELDMAN: That's consented. That was previously
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given. I've seen it. Let's do it.
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THE COURT: Well, this is a good time. We've kept our
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reporter unconscionably long, so why don't we take our morning
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break. And if we could please assemble at 20 to 1 ready to go,
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I'd appreciate it.
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Sir, you're an attorney so you know you're not to discuss

your testimony with anyone during the break.
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(Thereupon, a break was had from 11:35 a.m. until
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THE COURT: Proceed.
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MS. GEORGE: Your Honor, just to update the Court, the DVD
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that I wanted to play is another YouTube DVD, so it doesn't play
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on the court's DVD. I asked my paralegal to bring my laptop to
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court so we can play it for the Court. But at this point in
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time, I'll just continue to ask some additional questions, but I
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may need to break before the Court takes a lunch, but --
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MR. FELDMAN: Well, I would object to any break before
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lunch unless the Court orders a break.
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THE COURT: Let's proceed.
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MS. GEORGE: Your Honor, I have one other housekeeping
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the rest of the day. That's my whole day. Is that enough,

Judge?
THE COURT: I hope so. It's really a function of those
two detention hearings. So Myers can leave, but he's got to be
back at 1:45.
MR. FELDMAN: How about the cop?
THE COURT: Well, do you think we'll go to 12:45 with this
witness?
MR. FELDMAN: That's up to Ms. George.
MS. GEORGE: Your Honor, I believe so.
THE COURT: Why don't you release everyone until 1:45.
MR. FELDMAN: Ms. Jeanette is kind enough to do that.
THE COURT: Thank you. Please proceed.
BY MS. GEORGE:
Q.
Mr. Pietrangelo, you indicated that you discussed -- let
me just ask this question. The judge asked you a series of

questions about stepping up on the masonry base or the ledge
that you were shown standing on in Government's Exhibit
Number 5. Do you recall those questions that the Court asked
you?
A.
This one, yes, ma'am.
Q.
And you said that you thought that it was better to stand
on the ledge than to be on the sidewalk; isn't that correct?

MR. FELDMAN: Objection. He didn't say better.
THE COURT: When we discussed it, I think he drew a
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matter. Mr. Randy Myers asked for the Court to make arrangements
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for his presence. He has been here since we started court this
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morning. He wanted to know if the Court would allow him to go to
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lunch.
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THE COURT: It's now a quarter to 12. I want to go to

12:45.
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MS. GEORGE: So he should remain?
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THE COURT: Now, hold on, please. 12:45 to 1:45 will be
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our lunch break. As you know, Ms. George, at 1:45 we have two
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other matters on the calendar, both detention hearings. I do not
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know if they're going to go forward. So if you do, unless you
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think you'll reach Mr. Myers before 12:45, he can go to lunch,
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but I would appreciate it if he would come back to the courtroom
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at 1:45 so at least we could assess where we are at that point.
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MR. FELDMAN: In the same vain, because I don't like to
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inconvenience anybody, Judge, I am recalling LaChance, I'm going
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to call Hodge -- I want to give you my schedule. I want to make
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it, you know, so we can be productive here. The order -- you
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know, I just want to keep -- if I call the defendant, I'll call
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him last. That's my plan, Judge.
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THE COURT: So you're going to call Myers, LaChance, and

Hodge and then make your decision on your client?
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MR. FELDMAN: Um, I'm not giving you the order.
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THE COURT: But you have three witnesses to go?
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MR. FELDMAN: Yes, I'm ready to rock, ready to roll for
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distinction that there is a difference, as a matter of law, in

his point of view from the sidewalk and the ledge.
MS. GEORGE: Your Honor, I'm asking some foundational
questions, so if I could be given some leeway.
THE COURT: But he didn't say it was better, he said, in
response to my question, he said that the ledge is not the
sidewalk.
BY MS. GEORGE:
Q.
So you thought the ledge was not the sidewalk; isn't that
correct?
A.
Well, I knew that. I knew that.
Q.
You knew that the ledge was not the sidewalk; isn't that
correct?
A.
Yes, ma'am.
Q.
And how did you figure that out?
A.
Well -MR. FELDMAN: Objection. Common meaning, dictionary.

THE COURT: No, no. You drew a legal distinction in
response to my question, which is being on the sidewalk and being

on the ledge; isn't that right?
THE COURT: Could you explain to Ms. George how you came
to draw that distinction?
THE WITNESS: I believe I researched the issue.
BY MS. GEORGE:
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Q.
And what did you find that helped you draw that
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distinction?
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A.
The regulations.
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Q.
Which regulations?
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A.
7.96.
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Q.
And do you mean to say 36 Code of Federal Regulations
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7.96?
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A.
Yes, ma'am.
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Q.
Did you read the entire regulation?
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I recall that I read it sufficiently to form an opinion.
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Q.
So did you read all of the subsections of the regulation?
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A.
I don't have a recollection of that, ma'am.
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Q.
But you read enough to conclude that the ledge was not
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the sidewalk?
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A.
For purposes of that regulation, yes, ma'am.
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Q.
So you read the definition in 36 CFR 7.6 [sic] which
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defines the --
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THE COURT REPORTER: I'm sorry, say that again.
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MS. GEORGE: 36 CFR 7.96.
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BY MS. GEORGE:
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Q.
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So you read the definition in 36 CFR 7.96 that defines
the White House sidewalk; isn't that correct?
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A.
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Again, I don't recall what specific subsections of the
regulation I read. I recall reading it.
11:54AM
Q.
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Okay. If you saw the regulation, would that refresh your
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portion of the regulation that pertains to permits, that you

recall?
THE WITNESS: I believe I read everything that I could
gather pertaining to the issue, Your Honor.
THE COURT: I think a fairer question was, did you
consider at any time prior to doing what you did whether you
should get a permit under a regulation?
THE WITNESS: I don't have an independent recollection,
Your Honor. I do recall that there was nothing that gave an
indication to me that we would be doing anything illegal.
BY MS. GEORGE:
Q.
But you did read enough to make a legal determination to
determine you should be on the ledge versus actually on the

sidewalk; isn't that correct?
A.
Without -- I read enough to know that we would be legally
safe on the pedestal.

MS. GEORGE: Court's indulgence.
BY MS. GEORGE:
Q.
And earlier in your testimony you described defendant
Choi as the leader of the group; isn't that correct?
A.
Yes.
Q.
And as the leader, what type of role did he take in
reference to the group? What did he do as the leader?
A.
Are we still talking about the March 18th?
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recollection as to what section you read?
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A.
No.
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Q.
Not at all?
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A.
That was months -- that's more than a year ago.
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MS. GEORGE: Your Honor, at this time I mark for
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identification purposes Government's Exhibit 44, which the Court
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has already taken judicial notice of, and ask that it be entered
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into evidence at this time, 36 Section 7.96.
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THE COURT: I'll take judicial notice of it.
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MR. FELDMAN: Judge, it's the law. I don't think --
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THE COURT: That's all right. It's just a matter of
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convenience for me to see it. That's what she wants.
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MS. GEORGE: That's correct.
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BY MS. GEORGE:
11:55AM
Q.
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And in reading the regulation, did you also consider
whether you needed a permit to conduct your demonstration or
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protest on the White House sidewalk?
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A.
I don't recall.
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Q.
So you went there regardless of whether you needed a
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permit?
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MR. FELDMAN: Objection. That's not what he said.
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MS. GEORGE: I'm asking a different question.
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MR. FELDMAN: He said he didn't recall reading it.
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THE COURT: There's a missing question. Did you read the
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Q.
We're talking about his role with your group. You
described him as being the leader. My question is, what types

of things did he do as the leader of the group?
A.
I just wanted to clarify. Are we talking about
throughout the whole period of 2010, or are we talking about

March 17th, or are you talking about the November action?
Q.
No. Let's go back. In your earlier testimony on direct
examination, you explained that you got together in a group with

Mr. Choi and he was the leader when you all met and became the
freedom fighters, as you described it.
A.
I'm sorry. I'm not deliberately trying to offend you,
but when you say "group," I thought that was referring to the
November 18th -- the November 15th --
Q.
No, I'm not talking about the November 15 -MR. FELDMAN: Judge, she's cutting him off.
THE COURT: That's okay. I think he understands. Go
ahead.
BY MS. GEORGE:
Q.
I'm talking about when you described in your testimony
that you all had a group and you referred to it as the freedom
fighters.
A.
His leadership role, his actions consisted of, during any
period we're talking about, of formulating, originating ideas,

of providing the gravitas and the character and the courage to
do this stuff, of persuading people -- I hesitate to compare
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this because Dan himself rejects this, but he was the leader
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like Martin Luther King, Jr. was a leader; not necessarily
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identical, but he was the person who people followed.
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Q.
So he motivated to follow him in his cause?
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A.
Yes, that was part of it.
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Q.
And he inspired people to be committed to his cause?
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A.
Yes, definitely.
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Q.
And when you all went to the with White House fence on
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March 18th, there were people with you; isn't that correct,
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connected to the cause?
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MR. FELDMAN: Objection, objection. Again, maybe it's my
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ignorance of the local bylaws. I thought "y'all" meant more than
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two.
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MS. GEORGE: It does.
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MR. FELDMAN: Then I object.
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MS. GEORGE: He testified earlier --
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THE COURT: This morning, the clerk was talking to one man
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and he said "y'all going to the Red Skins game?" So here, y'all
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can be one or two people. With that little explanation of the
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linguistics of D.C., let us proceed.
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BY MS. GEORGE:
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Q.
Did y'all go to the White House fence?
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A.
On March 18th, Dan and myself and Robin McGehee and other
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individuals went to Pennsylvania Avenue. It was just Dan and
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myself who got on the fence pedestal.
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the yellow tape forming a perimeter around the area where you
were handcuffed to the White House fence?
A.
At some point after we handcuffed, yes, ma'am, they
closed off not only the street but Lafayette Park as well.
Q.
And once again, the police gave you three warnings to
leave the area; isn't that correct?
A.
Again, ma'am, no, I have no rec -- you have to understand
what it's like to be -- with respect to being on the fence of --
Q.
Do you recall?
MR. FELDMAN: Objection, objection. She's cutting him
off.
THE COURT: Please let him finish. Please finish the
sentence. You said you don't know what it's like to be on the
fence. What were you about to say?
THE WITNESS: Yes, sir. Ma'am, it's not like you're in a
classroom sort of passively listening to a speaker. You are in
harm -- we're not in the war zone, but you're in harm's way. You
are speaking to the president of the United States and demanding
equality, and you have police all around you and you have crowds
all around and activity and it -- it's -- you're in a zone. It's
really hard to describe, but you're in a zone.
BY MS. GEORGE:
Q.
In fact, on March 18th you weren't saying anything, were
you?
A.
March 18th or April 20th?
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We'll get back to the March 19th interview with the media
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following Superior Court later, but let's move to April 20th,
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2010. Did you and Mr. Choi return to the White House fence on
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April 20th, 2010?
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Yes, ma'am.
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Q.
And you, along with Mr. Choi, on April 20th, 2010 and
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others handcuffed yourselves to the White House fence; isn't
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that correct?
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A.
Yes, ma'am.
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Q.
And once again, after you handcuffed yourself to the
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White House fence, the Park Police showed up; isn't that
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correct?
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A.
Some were already present, others showed up, yes, ma'am.
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Q.
The Park Police, not others, but the Park Police?
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A.
Well, there were Park Police, I believe, in the street
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when we arrived. And then after we handcuffed, other officers
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arrived, some Park Police, other Secret Service. I'm not
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sure -- I don't recall the sort of -- the uniforms. I know
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there was a mix. I think there was S.W.A.T., Park Police
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S.W.A.T. -- I think there was Park Police, I think there was
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maybe Secret Service. I don't recall exactly on that point.
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Q.
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But several police officers showed up to the White House
fence after you arrived there, correct?
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A.
Yes, ma'am.
12:00PM
Q.
And at that point in time, the police once again put up
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Q.
March 18th. You weren't saying anything on March 18th,
were you?
MR. FELDMAN: Objection. We went over that. We went over
that and he -- what his speech meant, okay. When you say "say
anything," speech conduct is speech. I'm a little startled.
THE COURT: We got the distinction. Fine. Did you utter
words?
THE WITNESS: Yes, Your Honor. Not a lot, but we did.
BY MS. GEORGE:
Q.
On March 18th?
A.
Yes, ma'am. I recall -- I thought I said, "MLK, Jr.
would be ashamed of the government," or something like that, but

also the expressive conduct -- this is the part about the
handcuffs, that's why it was such a necessary pop, was that
they -MS. GEORGE: Objection. Non-responsive. I didn't ask
about conduct.
MR. FELDMAN: Conduct is -- she doesn't get it.
THE COURT: All right. Why don't you let me rule. He's
expressing himself. Let's see what he has to say. You were
talking about handcuffs and you used the words "expressive
conduct" when you heard the word objection. Please continue.
THE WITNESS: The handcuffs symbolized the inequality, the
second class citizenship. That's why they were so necessary as a
prop to the speech, and I -- and in terms of uttering things, Dan
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did say some things from the fence, and I think -- I thought I
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said one thing pertaining to Martin Luther King, Jr. I know I
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didn't speak very much myself. That's it.
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BY MS. GEORGE:
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Q.
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So you recall what you specifically said, but on April
20th you don't recall whether the police gave any warnings or
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not?
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A.
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18th, and as far as the warnings, like you said, I don't recall
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hearing the warnings. I was in that zone. You just have to be
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up on the pedestal. The police are not, you know -- they're not
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up on the pedestal with you talking to you. I heard
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amplification from the car, but I don't recall what was said. I
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don't even recall if I heard what was said.
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Q.
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So you do recall going to the White House on April
20th --
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MR. FELDMAN: Asked and answered. That's the third time.
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THE COURT: Okay. She's -- I think she's laying a
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foundation. Go ahead.
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THE WITNESS: Yes, ma'am, I do.
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BY MS. GEORGE:
12:04PM
Q.
12:04PM
And after the police officer gave the warnings, you
recall getting arrested; isn't that correct?
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THE COURT: On April 20th?
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MS. GEORGE: Yes.
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MR. FELDMAN: Again she's cutting him off. Objection.

THE COURT: Did you finish your sentence?
THE WITNESS: I just wanted to explain, Your Honor, that
there's a difference between sort of -- it's like the soldier
going under fire. You're willing to risk that, but that doesn't
mean when you're shot and wounded that you said, Thank you,
Mr. Enemy, what you did I accept. And no, that's -- that's not
what happened.
BY MS. GEORGE:
Q.
You were willing to accept the consequences of being
arrested; isn't that correct, Mr. Pietrangelo?

MS. GEORGE: He hasn't answered the question, Your Honor.
MR. FELDMAN: Three times.
THE COURT: You, in your dialogue with me, you indicated
to me -- I don't know what we were -- the time we were talking
about was probably March or April. You appreciated that one of
the consequences of your behavior would be being arrested. Did
you appreciate that?
MR. FELDMAN: He said "could." Please don't put words in
his mouth. With all due respect, he said "could." There's a big
difference.
THE WITNESS: Yes, Your Honor, we understood that by our
actions others might take counteraction, so to speak.
THE COURT: And one of those counteractions might be your
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THE WITNESS: I recall getting arrested at some point,
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yes, ma'am.
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BY MS. GEORGE:
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Q.
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And that was your intention, to be arrested to bring
attention to your cause; isn't that correct?
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MR. FELDMAN: Objection. That was asked and answered.
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THE COURT: Not as to April 20th.
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MR. FELDMAN: Oh, I'm sorry.
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THE WITNESS: No, ma'am. Again, our intention was to
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engage in protected speech and to do it lawfully, and we
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understood that we might be arrested for that because -- not
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because we were doing something illegal, but because we were
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speaking out for equality for gay people, and that was not
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something that the government -- the government was enforcing
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discrimination. We were in front of the White House telling the
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president of the United States, stop discriminating, and Barack
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Obama, with all due respect to President Obama, that was not
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something that he wanted to hear.
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BY MS. GEORGE:
12:04PM
Q.
12:05PM
So you were willing to accept the consequence of getting
arrested?
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A.
12:05PM
We were willing to accept whatever -- we were willing to
suffer at that moment whatever consequences. That doesn't mean
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that we accepted it legally or agreed with them.
12:08PM
Q.
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I didn't ask you about that.
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arrest by the United States Park Police or anyone else?

MS. GEORGE: And when you say "we," you're including
Mr. Choi; isn't that correct?
THE WITNESS: Yes, ma'am.
MS. GEORGE: Your Honor, I have what's been marked as
Government's Exhibit 46 and previously provided to defense
counsel. It is a videotape of the portion of the events on April
20th, 2010 at the White House sidewalk.
MS. GEORGE: Do you have any objection?
MR. FELDMAN: Could I have a moment, please, to confer
with my colleague?
THE COURT: Sure.
(Discussion had off the record between counsel and
defendant.)
MR. FELDMAN: Judge, at this point -- again, I apologize
to the Court. We request to view it again out of camera.
THE COURT: All right. Go ahead. I'll be -MR. FELDMAN: Thank you, Judge.
(Thereupon, a break was had from 12:05 p.m. until
12:08 p.m.)
THE COURT: What are we watching now?
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MS. GEORGE: You were -- this is the Government's Exhibit
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46, and Mr. Feldman, I believe, is consenting to the admission
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into evidence.
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MR. FELDMAN: That's correct, Your Honor.
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(Government's Exhibit 46 admitted into the record.)
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THE COURT: Please play.
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MS. GEORGE: And, Your Honor, I would like to place on the
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record that the government provided the radio run traffic for
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March 18th, 2010 and April 20th, 2010 to Mr. Feldman's paralegal,
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Ms. DiBona, probably about four or five days ago.
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MR. FELDMAN: That's correct, Your Honor.
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(Videotape played.)
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BY MS. GEORGE:
12:13PM
Q.
12:13PM
Mr. Pietrangelo, I'm going to pause this Exhibit 46.
That's a frame of you with five other individuals handcuffed to
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the White House fence; isn't that correct?
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A.
Yes, ma'am.
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Q.
And as you look at the frame shown to you on the computer
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at the witness stand, you are the fourth person in from the
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left; isn't that correct?
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A.
Yes, ma'am.
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Q.
And you have on a black beret; isn't that correct?
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A.
Yes, ma'am.
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March 18th; isn't that correct?

MR. FELDMAN: From.
THE WITNESS: Yes, ma'am.
MS. GEORGE: A little over a month from March 18th. I
stand corrected.
A.
Yes, ma'am.
BY MS. GEORGE:
Q.
And did you meet with Mr. Choi between March 18th and
April 20th, 2010?
A.
Yes, ma'am.
Q.
And how many times did you all meet to plan the April
20th, 2010 event?
A.
I don't recall the exact number of days. I remember -- I
think it was at least -- I know it was definitely one, and I

think it was as many as three, if not more than that.
Q.
And did Mr. Choi assume his same role that you described
previously, to motivate others to join him in handcuffing at the

White House fence on the 20th of April?
A.
Yes, ma'am.
Q.
Did he also in those meetings say how you all were going
to handcuff yourselves to the White House fence, two hands

versus one hand?
A.
I think it was just we showed each individual how to
handcuff, and I don't recall if it was specified, handcuff both

hands or one hand, but it was handcuffing.
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Q.
And as you look at the frame on your screen, Mr. Choi is
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the second person from the left; isn't that correct?
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A.
Yes, ma'am.
12:14PM
(Videotape played.)
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BY MS. GEORGE:
12:14PM
Q.
12:14PM
So on this tape, April 20th, 2010, do you have one or two
hands handcuffed to the fence?
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A.
I believe it was both hands, ma'am.
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Q.
You had both of your hands handcuffed to the fence?
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A.
Yes, ma'am.
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Q.
And did you assist any other individuals with being
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handcuffed to the fence that are shown in this frame?
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A.
Not that I recall, ma'am.
12:14PM
Q.
So do you know how they got handcuffed to the fence?
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A.
I wasn't watching them. I can only assume.
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Q.
But the police officers didn't handcuff you to the fence?
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A.
Not that I know of, no, ma'am. I think it was by the
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individuals.
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Q.
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And when you say "individuals," you mean the individuals
with you on the ledge connected to the fence in this frame; is
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that correct?
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A.
Yes, ma'am.
12:14PM
(Videotape played.)
12:15PM
BY MS. GEORGE:
12:15PM
Q.
12:15PM
Now this occurred approximately a little over a month on
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Q.
And when you say "we showed," who were you referring to?
A.
Dan and myself.
Q.
So Dan showed -- the same frame is still shown on your
screen; is that correct, that we talked about earlier?
A.
Yes, ma'am.
Q.
So Dan showed which one of these individuals how to
handcuff themselves?
A.
I don't recall which individual either one of us
instructed. It was a group instruction, a group rehearsal.

All --
Q.
And at that time -- I'm sorry, finish.
A.
Excuse me. All -- let's see. One, two, three, four, all
four of the others were present, if I recall correctly, when we

did the rehearsal and demonstrated to them how we did it the
first time.
Q.
So, in these three meetings, did you rehearse handcuffing
every time?
A.
I think it was just the one time the one day.
Q.
Just one day?
A.
Yes, ma'am.
Q.
And was that meeting closest to the day of the event?
A.
I believe so, yes, ma'am.
Q.
And how long was that meeting?
A.
I'd say certainly longer than -- approximately a half an
hour. It could have been longer.
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And did these individuals receive instructions from
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Mr. Choi not to unhandcuff themselves from the fence?
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This -- I think we had the same intent as the first time,
which is to say our peace. That was the intent, was to
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complete. We would decide when we were done.
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Q.
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So, correct me if I'm wrong, to stay handcuffed to the
fence as long as you could until you were ready to leave?
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A.
Until we had finished speaking, yes, ma'am.
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Q.
And if that meant that the police officers had to come in
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and unhandcuff you and the other individuals themselves, then
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you were willing to have that consequence happen?
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A.
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Again, our intent was to say our -- we were engaging in
protected speech, and we knew that the police might react that
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way, but since we were engaging in lawful, protected speech, we
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were safe in terms of the law. We knew they might react that
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way. I'm not sure what else -- what you're looking for in your
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question.
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Q.
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That's fine. And as a lawyer, you fully appreciate that
some other lawyer might have a different interpretation of your
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perspective of the law in reference to the ledge there, correct?
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A.
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Well, there are some lawyers who, you know -- sure,
that's true of any situation. There are -- during World War II,
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Nazi lawyers -- they approved genocide. So, I mean, just
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because one lawyer says it's lawful, what we did was lawful, I
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mean -- I don't know what else to tell you.
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MR. FELDMAN: -- many lawyers might -THE COURT: I think that's true. He's made his point.
BY MS. GEORGE:
Q.
And in reference to that subject, did Mr. Choi
participate in a discussion with you about that fact, that

someone could disagree with you, your interpretation of the law?
A.
I don't think I even -- I never came to that conclusion.
It was never an issue. It was never discussed. We were -- the

issue was we were lawfully engaging -- we were going to lawfully
engage in protected speech.
Q.
So did you discuss that you could be arrested?

MR. FELDMAN: Judge, how many times are you going to beat
it?
THE COURT: All right. At this point, when you're having
the discussion between March 18th and April 20th, was there a
discussion between yourself and this defendant about the
possibility that you would be arrested, that you recall?
THE WITNESS: Yes, sir, as I testified before, that that
was a possible outcome.
(Videotape played.)
BY MS. GEORGE:
Q.
In this frame, that's you, Mr. Pietrangelo, isn't it?
A.
Yes, ma'am.
Q.
And before the government paused this exhibit,
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Q.
So you appreciated, you and Mr. Choi appreciated that
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some lawyer could disagree with your interpretation of the law
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and say standing on the ledge was unlawful?
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MR. FELDMAN: Objection. He's only competent to
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testify as to --
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THE COURT: I think that's fair. Forget about them.
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Restricting that question to yourself, how would you answer? Do
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you want it repeated?
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THE COURT: Please repeat it, Mr. Wallace.
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THE WITNESS: I'm sorry. I don't need it repeated. Your
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Honor, as a lawyer, I understand that we have sort of a system of
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jurisprudence which at the top of which is the Supreme Court
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which has spoken repeatedly on the First Amendment, and I
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don't -- I think any reasonable lawyer looking at that First
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Amendment jurisprudence would come to the conclusion that we were
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acting lawfully and in protected speech. So what some other
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attorney might say, I have no control over, but a reasonable
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attorney would come to that same conclusion.
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THE COURT: Thank you very much.
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BY MS. GEORGE:
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Q.
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So you acknowledge that a lawyer could disagree with your
interpretation?
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MR. FELDMAN: Asked and answered. He said --
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THE COURT: I think that's fair.
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Government's Exhibit 46, there wasn't any noise at that point in

time, was there?
A.
Could you repeat the question, please?
Q.
There wasn't any noise, external noise at that point in
time, was there?
A.
Again, I was in a zone, and I don't think there was a
total absence of noise, as I recall. There was ambient noise.
Q.
So you do recall hearing something?
A.
I recall the feeling of being in the zone, that there was
noise happening around me as if -- I think in both videos you

showed me, if you look at my face, you could see that I'm -- I'm
concentrating on conducting the expressive speech, the
discipline remaining lawful, remaining nonviolent. That's what
I remember, being in that zone with the ambient noise, the
crowd, the police, the people next to me. That's what I
remember.
Q.
Okay. So if the police had said, We have a bomb, you
need to leave this area now, you wouldn't have heard that?
THE COURT: Sustained.
BY MS. GEORGE:
Q.
Are you indicating that you could not hear anything else
other than what you just said, ambient noise and the crowd
noise?
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him to answer it again, Your Honor?
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THE COURT: Let me see if I understand. When you say
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"ambient noise," could you be a little more specific as to what
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you mean? What is ambient? This courtroom, for example you
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would say right now there's no ambient noise, right?
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THE WITNESS: No, I can hear --
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THE COURT: So the clicking of the court reporter, his
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THE WITNESS: Again, the --
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MR. FELDMAN: Again, with all due respect, sir, let him
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finish, please.
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THE COURT: He had.
12:30PM
MR. FELDMAN: With all due respect.
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THE COURT: You don't have to pray. That's all right.
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Were you finished?
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THE WITNESS: I thought I heard sort of the blowing of
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something.
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THE COURT: Okay. That's the kind of noise. I guess what
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I find remarkable about this is that there's no chanting. This
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is decidedly a demonstration in silence, is it not? It's
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designed to be that way, right?
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THE WITNESS: Your Honor, I don't recall -- I think there
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may have been parts where there was -- it was not silent, but for
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a long part of it, it was silent. We were silent, Your Honor.
12:30PM
THE COURT: You were silent. And is it fair to say that
12:30PM
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A.
Yes, ma'am.
Q.
Now, after the -- you were handcuffed on March 18th;
isn't that correct, 2010? You were handcuffed to the White

House fence on March 18th, 2010; isn't that correct?
A.
That's correct.
Q.
And did you get your handcuffs back after they were
disconnected by the Park Police on March 18th, 2010?
A.
No, ma'am.
Q.
So did you purchase new handcuffs?
A.
I did not, no, ma'am.
Q.
Did Dan Choi purchase new handcuffs?

MR. FELDMAN: Objection. If he knows.
THE WITNESS: I don't know who purchased the handcuffs.
BY MS. GEORGE:
Q.
How did you receive the new handcuffs?
A.
Someone had them at the house where we were meeting, and
I got a set.
Q.
Okay. And that's the meeting we were talking about
earlier where you and Mr. Choi were showing the other
individuals how to use and put on handcuffs; is that correct?
A.
Yes, ma'am.
Q.
So did Mr. Choi take a leadership role in reference to
the handcuffs, meaning did he tell someone to purchase the

handcuffs?
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you were -- you chose that particular spot because of the tableau
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of the five military people right at the portico of the White
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House? That was the expression or thought you were conveying?
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THE WITNESS: Yes, Your Honor, with the White House in the
background, the tableau, as you said, Your Honor.
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BY MS. GEORGE:
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A.
And so --
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Q.
There's no question pending at this time. So it's fairly
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quiet, as the Court had you acknowledge, correct?
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MR. FELDMAN: Judge, at what point?
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MS. GEORGE: At the point that's shown on the video.
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THE COURT: Where it's stopped, you're not chanting and no
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one else is chanting?
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THE WITNESS: Yes, Your Honor. Ma'am, the six individuals
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at this point are not verbalizing any sound.
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BY MS. GEORGE:
12:31PM
Q.
12:31PM
And in fact, no one was chanting when the first warning
was given; isn't that correct?
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A.
12:31PM
If I -- that's correct, Your Honor -- Ma'am, that's
correct.
12:31PM
(Videotape played.)
12:31PM
BY MS. GEORGE:
12:31PM
Q.
12:31PM
So, Mr. Pietrangelo, in this frame you and the other five
people are all handcuffed to the fence, correct?
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THE COURT: In your presence, did you hear Mr. Choi tell
anyone to buy handcuffs?
THE WITNESS: Not that I recall, ma'am -- sir, Your Honor.
THE COURT: That's okay.
BY MS. GEORGE:
Q.
But at that meeting, someone arrived with the handcuffs?

THE COURT: I think we can take that as a given. Suddenly
these handcuffs appeared. Where did they come from? They were
just -THE WITNESS: They were there, Your Honor.
THE COURT: That's all you know? Let's proceed.
BY MS. GEORGE:
Q.
And the individuals shown in the frame now, were you at
one of these individual's home?
A.
No, ma'am.
Q.
No. Someone else's house?
A.
Yes, ma'am.
Q.
Who was related to your cause but not necessarily going
to handcuff themselves to the White House fence?
A.
They were activists, gay activists, gay rights activists
who were not -- who did not handcuff themselves to the fence.
Q.
So, Mr. Choi and yourself were working with other
individuals that were supplying the handcuffs to you so you

could handcuff yourself to the fence?
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MR. FELDMAN: Objection. Form, relevance, and -- if she
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wants to bring a conspiracy indictment, so be it, but it's beyond
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the --
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THE COURT: Mr. Reporter, please read back the question.
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(The court reporter complied.)
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THE COURT: All right. Objection overruled.
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THE WITNESS: Again, I don't know who purchased the
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handcuffs. The handcuffs were there at some point. We were
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working with other activists to engage in the protected speech.
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BY MS. GEORGE:
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Q.
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And part of that was that they supplied you with
handcuffs?
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MR. FELDMAN: Objection. That's number 4.
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MS. GEORGE: He didn't answer it the first time.
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MR. FELDMAN: She's badgering him.
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THE COURT: Objection sustained. Please move on. I think
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we've had enough about the handcuffs.
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(Videotape played.)
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BY MS. GEORGE:
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Q.
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Mr. Pietrangelo, do you hear the people chanting, "I am
somebody. I deserve full equality"? Do you hear the people
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chanting?
12:41PM
A.
12:41PM
I hear people chanting, but I'm not making out the exact
chant.
Q.
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Per the tape, you mean?
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A.
Yes, but I'm also looking at you directly. If you
notice, I look -- I'm also looking at your lips as well, so --
Q.
So you can't understand my question now? My back is to
you.
MR. FELDMAN: Objection, Judge. First of all, we're not
conducting a comparable experiment, and -THE COURT: I agree. I don't think that's -MR. FELDMAN: I object.
THE COURT: The objection is sustained. Please turn
around, Ms. George.
BY MS. GEORGE:
Q.
So you said you could hear those people in the crowd; is
that correct?
THE COURT: Sustained.
BY MS. GEORGE:
Q.
And do you acknowledge that the person giving the
warnings was closer to you than the people in the crowd?
A.
Again, I don't recall -- what I recall is, during the
March 18th and during the April 20th, is that there was a car
that was broadcasting something.
Q.
And that car was closer to you than the people who were
chanting in the crowd; isn't that correct?
A.
Yes, ma'am.
Q.
Same thing on March 18th video as well, correct?
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A.
Right, just now.
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Q.
Did you hear them on April 20th, 2010?
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A.
There were people making noise in the crowd. I don't
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recall if I heard specifically what they said. I wanted to
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explain something before, which is that -- as part of this
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hearing issue -- combat is very noisy, and I've been in two
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wars. I've had M1 Abrams tanks fire their main guns right next
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to me at the enemy. I've had rockets go off. I've had machine
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guns fired, you know, repeatedly. It's very, very noisy. It's
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not like in the movies. It's incredibly violent to your
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hearing. And what has happened, as a result of my service, is
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that -- it's not that I can't hear high and low frequencies,
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it's that the sound just becomes mono, sort of solabic. It's
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the detail, the definition I lose.
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And the second thing I wanted to point out is something I
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learned in my moviemaking days, my fascination with moviemaking,
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is that just because a microphone is at one point and can pick
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up sound doesn't mean that at another point that same sound is
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or is not present, so it's a question of what sounds were
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present at my location, not what sounds were present at the
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camera location. But the -- again, I just wanted to point out
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that I have a hearing deficit where some -- a lot of sounds
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are -- I can hear the sound, but I can't hear the definition of
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the sound.
12:46PM
Q.
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But you can hear me now; is that correct?
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A.
Yes, ma'am.
Q.
Thank you.
A.
At the point that it was cordoned off, yes, ma'am.
Q.
That's what's shown at this point in time in the video,
correct?
A.
Yes, ma'am.
(Videotape played.)
BY MS. GEORGE:
Q.
On April 20th right here in the frame, it shows a fairly
tall, black gentleman with a hat on and a white shirt. Do you

see that person?
A.
Closer to the fence, ma'am, or --
Q.
Yes, and actually next to you in the frame.
A.
Yes, ma'am.
Q.
And on this day, April 20th, 2010, you had a handcuff key
as well, didn't you?
A.
I don't recall, ma'am.
Q.
Do you recall whether at the meeting handcuff keys were
handed out?
A.
Each set came with its own key, ma'am.
Q.
Thank you.
THE COURT: Ms. George, how much more of this is there?
MS. GEORGE: Your Honor, this is the last -- Mr. Choi is
the last person being arrested.

THE COURT: As soon as we finish, we're going to have to
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break for lunch.

MR. FELDMAN: Yes, sir. It's to 1:45, sir?
MS. GEORGE: Would you like me to stop it now?
THE COURT: Why don't you.
MR. FELDMAN: Do I have one minute for scheduling?
THE COURT: Let me tell you the good news. The two
detention hearings are not going forward. It doesn't mean I
don't need to call the case; indeed, I do, and I have a lock-up
which is only a few minutes, so it looks like we'll have most of
the afternoon.
MR. FELDMAN: I discussed that, my trial strategy with my
client, and I just do this for ease of the government. Also, for
the record, we subpoenaed the general counsel for Secret Service
following, we hope, the regulations. I have affidavits of
service in court. So I thank Your Honor for your -- I won't say
guidance, but your suggestion. But just in terms of strategy -I don't know if Ms. George has much more time with the captain,
but our next witness will be the defendant.
MS. GEORGE: And, Your Honor, the government will request
a factual proffer from defense counsel as to the necessity of the
general counsel of the Secret Service.
THE COURT: After lunch.
THE COURT: I would like to go forward with the trial, but

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INDEX
EXAMINATIONS
Page
DIRECT EXAMINATION OF JAMES E. PIETRANGELO 8

CROSS-EXAMINATION OF JAMES E. PIETRANGELO 43
EXHIBITS
DESCRIPTION
Government's Exhibit 45 admitted
66
Government's Exhibit 46 admitted
93
110
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as soon as she tells me she's ready, we'll take the lockups and
the detention hearings, counsel will move out of the way, and
then we'll get back to this.
THE DEPUTY CLERK: I'll let her know.
THE COURT: Have a good lunch, everyone. Counsel, please
do not talk about the case.
MR. FELDMAN: But he can have lunch with us and talk about
the weather?
THE COURT: He could talk about anything that he would
like.
(Thereupon, a break was had beginning at 12:47 p.m.)
CERTIFICATE
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I, Scott L. Wallace, RDR-CRR, certify that

the foregoing is a correct transcript from the record of
16
proceedings in the above-entitled matter.
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----------------------------
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----------------
Scott L. Wallace, RDR, CRR
Date
Official Court Reporter
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112
'
'10 [2] - 19:25; 20:1
'11 [1] - 24:16
'50s [1] - 57:2
'89 [1] - 9:7
'93 [1] - 10:19
'96 [2] - 9:7; 10:20
'99 [1] - 10:22
1
1 [3] - 29:25; 32:11; 77:7
10-799-M [1] - 3:20
10:50 [1] - 27:2
10th [9] - 11:22; 12:8, 20; 13:5; 20:5,
13; 21:21; 22:2
11:06 [1] - 65:16
11:14 [1] - 65:17
11:35 [1] - 77:13
11:46 [1] - 77:14
12 [1] - 78:5
12:05 [1] - 92:22
12:08 [1] - 92:23
12:45 [4] - 78:6, 8, 12; 79:7
12:47 [1] - 110:12
12th [2] - 4:10, 18
13 [7] - 5:25; 34:20; 35:7; 38:9; 51:17;
54:5; 58:13
14,000 [1] - 42:2
15 [1] - 84:14
15th [11] - 25:8, 12, 22, 24; 27:3; 36:8;
47:18; 53:24; 54:3; 58:14; 84:13
16 [3] - 64:24; 66:2
17th [15] - 44:17; 45:15, 23; 46:9, 11;
50:2; 55:14; 71:9; 72:11, 16, 21; 73:25;
74:7; 84:6
18 [2] - 53:25; 75:8
18th [48] - 6:9, 12; 20:13, 17; 22:3, 6-7,
10, 14, 16, 25; 23:4, 7; 44:25; 54:25;
55:22; 57:16; 58:15; 59:2, 15, 20;
60:21; 63:7, 15; 65:2; 71:17; 75:8;
83:25; 84:13; 85:9, 23; 87:23, 25; 88:1,
10; 89:9; 93:10; 95:1, 4, 8; 99:15;
103:2, 4, 7; 107:20, 25
1965 [1] - 8:9
1989 [2] - 9:3, 6
1996 [2] - 8:22
19th [3] - 6:14; 75:16; 86:1
1:45 [6] - 78:8, 14; 79:5, 11; 109:2
2
2 [4] - 3:24; 31:12; 42:18
20 [1] - 77:7
2001 [3] - 11:13, 17; 12:11
2003 [2] - 11:17; 12:19
29 of 44 sheets
2004 [5] - 15:2, 11; 16:1, 17; 17:10

2005 [1] - 17:12
2009 [5] - 17:10, 16; 35:25; 44:7, 9
2010 [34] - 3:19; 6:9, 12, 14; 19:18;
22:16, 25; 23:7; 25:8, 12; 44:11, 14;
47:18; 54:25; 59:2; 72:16; 84:5; 86:3, 6;
92:10; 93:10; 94:6; 95:9, 12; 103:3, 7;
106:2; 108:15
2011 [2] - 3:1; 22:10
20th [19] - 86:2, 4, 6; 87:25; 89:6, 16,
24; 90:7; 92:10; 93:10; 94:6; 95:9, 12,
18; 99:15; 106:2; 107:20; 108:9, 15
21st [1] - 76:7
24 [1] - 65:23
27th [1] - 42:12
3
30 [1] - 3:1
30s [1] - 26:20
31 [1] - 58:19
36 [5] - 81:6, 16, 19, 21; 82:8
4
4 [1] - 105:13
42nd [1] - 16:12
43 [1] - 111:7
44 [1] - 82:6
45 [5] - 66:6, 11; 71:16; 75:9; 111:11
46 [9] - 66:4, 22; 71:13; 92:8; 93:2, 6,
16; 100:1; 111:12
5
5 [1] - 79:19
50 [1] - 26:21
6
66 [1] - 111:11
7
7.6 [1] - 81:16
7.96 [5] - 81:5, 7, 19, 21; 82:8
8
8 [1] - 111:6
9
9/11 [1] - 12:1
93 [1] - 111:12
Page 112 to 112 of 127
9:30 [1] - 22:11
A
a.m [6] - 22:11; 27:2; 65:16; 77:13
ability [2] - 47:16, 24
able [3] - 6:13; 12:5; 51:10
above-entitled [1] - 110:16
Abrams [1] - 106:7
absence [1] - 100:7
absolute [1] - 49:6
absolutely [2] - 7:15; 49:25
accept [6] - 52:14, 17; 90:20, 22; 91:7,
10
accepted [1] - 90:24
accurate [3] - 38:12, 14, 25
acknowledge [3] - 98:22; 102:10;
107:17
act [2] - 51:18; 52:10
acting [1] - 98:17
action [5] - 21:1, 17; 26:2; 52:9; 84:6
actions [6] - 71:15, 17; 72:22; 74:1;
84:22; 91:24
activism [5] - 18:5, 18; 20:17; 36:19;
60:9
activists [5] - 20:18; 104:21; 105:9
activity [1] - 87:20
actual [6] - 13:8, 10, 22-23; 16:13;
34:12
ACUs [4] - 27:23; 71:22
addition [3] - 4:7; 74:1, 3
additional [5] - 3:12; 14:13; 24:18;
61:1; 77:20
address [2] - 35:22; 38:24
addressing [2] - 35:21; 38:7
admission [1] - 93:2
admit [1] - 63:25
admits [1] - 39:9
admitted [11] - 6:18; 10:22; 17:12;
20:6; 23:17; 44:5; 66:11; 93:6; 111:11
admitting [1] - 20:12
advice [4] - 23:16; 25:14; 72:12, 15
advise [2] - 14:16
advised [3] - 12:8; 13:19; 72:17
advising [1] - 11:22
advisor [2] - 23:14; 72:12
aerial [1] - 32:4
affidavits [1] - 109:14
affix [1] - 44:24
Afghanistan [2] - 12:8, 11
African [2] - 57:3; 67:8
African-American [2] - 57:3; 67:8
aftermath [1] - 20:6
afternoon [1] - 109:10
age [1] - 76:7
agent [2] - 9:22; 29:15
ago [4] - 6:1; 27:21; 82:4; 93:11
agree [4] - 4:3; 70:22; 107:7
agreed [1] - 90:24
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ahead [7] - 3:17; 10:10; 29:17; 58:5;

84:17; 89:19; 92:20
air [1] - 13:10
alleged [2] - 12:23; 63:13
allow [2] - 33:16; 78:3
allowed [1] - 9:23
almost [3] - 10:22; 33:2
ambient [6] - 100:7, 14, 23; 101:3
Amendment [4] - 38:1; 49:13; 98:14,
16
American [4] - 13:12; 51:18; 57:3; 67:8
amount [2] - 53:10; 64:18
amplification [3] - 64:10, 13; 89:13
analyzed [1] - 48:10
ancient [1] - 42:8
Angela [1] - 3:20
Angelo [1] - 43:10
angle [2] - 31:21; 32:13
announcement [2] - 63:2, 21
answer [6] - 24:19; 50:24; 59:13; 98:7;
101:1; 105:14
answered [16] - 47:25; 50:14, 23; 55:3;
57:21; 68:2; 73:14; 89:17; 90:6; 91:12;
98:24; 100:25; 104:7; 107:14
anticipate [2] - 36:10; 53:2
anyway [1] - 14:25
apologize [4] - 5:12; 22:4; 40:22;
92:18
appeal [1] - 40:18
appeared [4] - 27:10; 75:14, 21; 104:9
apply [1] - 42:5
appreciate [5] - 52:5; 77:8; 78:13;
91:19; 97:18
appreciated [4] - 51:6; 91:17; 98:1
approach [2] - 30:5, 12
approached [2] - 29:19; 32:18
approaching [1] - 65:1
appropriate [5] - 25:23; 74:18, 20, 23
approved [2] - 17:6; 97:23
April [22] - 20:1; 23:6; 86:2, 4, 6;
87:25; 89:5, 15, 24; 90:7; 91:17; 92:9;
93:10; 94:6; 95:9, 11, 18; 99:15; 106:2;
107:20; 108:9, 15
area [7] - 14:9; 32:5, 10; 61:13; 87:1, 6;
100:18
Area [2] - 32:5, 11
argument [1] - 7:12
arms [1] - 47:24
Army [14] - 8:25; 9:2, 9, 16, 19-20;
11:13; 13:7, 12; 15:11, 13; 20:22;
27:23; 42:5
arrangements [1] - 78:1
arrest [20] - 20:5; 38:13; 42:8; 51:7, 10,
25; 52:1; 53:21, 23-24; 54:13, 17;
63:1-3, 5; 92:1
arrested [32] - 6:9, 12; 34:13; 35:19;
38:10; 51:20; 52:12, 23; 53:19; 54:1;
57:16, 19-20; 58:9; 59:1, 3, 15, 17, 20;
72:23; 75:8; 89:23; 90:1, 4, 11, 21;
09/02/2011 03:29:20 PM
91:11, 18; 99:11, 17; 108:24

arrests [4] - 39:1; 52:23; 72:25; 74:15
arrived [7] - 33:13; 59:23; 60:23;
86:16, 23; 104:6
arriving [2] - 26:7; 64:7
articulately [1] - 55:4
Arts [1] - 8:15
ashamed [1] - 88:12
aspect [1] - 56:23
assemble [1] - 77:7
assess [1] - 78:14
assist [1] - 94:11
assistant [1] - 27:3
assisting [1] - 65:20
Associates [1] - 11:8
assume [5] - 11:18; 28:3; 61:19; 94:15;
95:16
assumes [1] - 22:1
assuming [3] - 7:5; 39:19; 56:13
assumption [3] - 4:12, 18, 20
assure [1] - 21:9
attempted [2] - 38:20
attempting [1] - 39:22
attention [5] - 47:1; 49:5; 51:3, 14;
90:5
attorney [8] - 9:18; 11:21; 12:7, 12;
74:5; 77:9; 98:18
attorneys [1] - 13:17
August [2] - 4:10, 18
AUGUST [1] - 3:1
authenticity [2] - 6:2; 40:15
authorities [2] - 12:5; 54:16
authorization [1] - 12:18
Avenue [9] - 29:20; 30:24; 32:19;
33:15; 59:11, 23; 60:1; 85:24
avoid [1] - 51:10
aware [2] - 22:9; 37:16
AWOL [1] - 16:8
B
B-E-R-N-E [1] - 11:6
Bachelor [1] - 8:15
background [2] - 28:22; 102:5
backup [1] - 10:4
bad [3] - 20:23, 25; 35:11
badgering [1] - 105:15
Baghdad [3] - 14:8, 11
bail [1] - 12:18
ban [1] - 42:4
bank [2] - 76:11, 16
bar [5] - 10:21; 17:12; 44:5
Barack [1] - 90:16
barely [1] - 76:19
barracks [1] - 16:22
barricades [1] - 62:15
bars [1] - 27:19
base [4] - 73:23; 74:16, 18; 79:17
based [1] - 40:12
Page 113 to 113 of 127
BDUs [4] - 27:22; 71:21, 24; 72:1

bears [1] - 38:1
beat [1] - 99:12
became [2] - 15:6; 84:9
becomes [1] - 106:13
Bedwell [1] - 34:21
began [4] - 10:23; 17:1; 33:14; 42:8
begin [1] - 65:18
beginning [3] - 14:2; 28:17; 110:12
behavior [1] - 91:18
behind [2] - 59:12; 60:7
belief [1] - 54:20
Ben [2] - 34:13, 21
Ben-Shalom [2] - 34:13, 21
bench [3] - 5:9; 65:14; 70:3
benefit [1] - 4:22
beret [3] - 27:18; 93:24
Berne [3] - 11:4, 6
best [1] - 64:5
better [4] - 38:13; 79:22, 24; 80:5
between [10] - 17:10; 49:19; 52:9;
64:19; 70:25; 91:4; 92:16; 95:8; 99:15
beyond [2] - 7:10; 105:2
bifocals [2] - 30:23; 32:7
big [9] - 11:1, 19; 17:15; 33:11; 36:6;
61:23; 64:7; 91:21
bigger [2] - 33:10
billet [2] - 10:17; 16:12
bit [6] - 19:25; 31:16; 33:6; 34:4; 53:1;
63:25
black [6] - 27:18; 28:19; 67:8, 12;
93:24; 108:10
block [1] - 26:19
blocks [2] - 26:17; 75:14
bloggers [1] - 76:14
blowing [1] - 101:16
blue [1] - 67:9
bodies [1] - 42:21
bolt [5] - 42:18; 52:11; 53:3; 68:4, 6
bomb [1] - 100:17
booked [1] - 75:12
boots [1] - 27:25
born [2] - 8:8; 28:21
bound [2] - 16:12; 21:11
boutique [1] - 11:8
Boyd [1] - 34:22
brave [1] - 42:2
break [13] - 25:4; 65:16; 72:13; 77:7,
10, 13, 21-23; 78:9; 92:22; 109:1;
110:12
briefly [4] - 8:8; 10:24; 28:22
bring [10] - 40:6; 47:1, 3; 51:2; 52:10;
53:3; 77:18; 90:4; 105:2
British [1] - 13:11
broadcasting [1] - 107:21
broke [1] - 26:14
brought [4] - 5:10; 47:4; 50:3
building [3] - 40:2, 7
bullhorn [2] - 35:12; 54:5
30 of 44 sheets
114
bunch [2] - 26:25; 27:13

burning [1] - 52:6
buy [1] - 104:2
buying [1] - 10:2
BY [92] - 8:2; 10:16; 14:24; 15:22;
18:2; 19:23; 20:15; 23:3; 24:14; 28:14,
20; 29:2, 14; 30:9, 14, 21; 32:14, 20;
33:1, 22; 34:3; 35:1, 9; 36:23; 37:4;
38:6; 41:20; 43:3, 24; 44:23; 48:2;
49:11; 50:10, 16; 51:1; 54:24; 55:8;
56:11; 57:14; 58:10, 24; 59:6; 61:3, 11;
62:7; 63:6; 67:6, 16; 68:17, 21; 69:13;
71:8; 72:9; 73:11, 19; 75:6; 76:23;
79:14; 80:8, 25; 81:20; 82:15; 83:12,
19; 84:18; 85:21; 87:22; 88:9; 89:4, 21;
90:3, 19; 91:9; 93:15; 94:5, 24; 95:7;
98:21; 99:3, 22; 100:21; 102:7, 17, 23;
103:14; 104:5, 13; 105:10, 19; 107:11,
16; 108:8
bylaws [1] - 85:12
C
calendar [1] - 78:10
camera [2] - 92:19; 106:21
camouflage [1] - 27:24
Campaign [1] - 36:1
capacity [1] - 11:25
Captain [7] - 6:5, 7; 7:15, 17; 25:23;
27:14; 30:15
captain [8] - 7:19, 21; 15:14; 30:18,
22; 32:3; 44:21; 109:17
captain's [1] - 27:19
Captain's [1] - 56:15
capture [1] - 74:22
car [4] - 64:10; 89:13; 107:20, 22
card [1] - 52:6
care [2] - 11:18; 37:23
cares [1] - 11:18
Carolina [1] - 57:4
case [16] - 3:17, 19; 4:20; 10:14; 11:11;
22:10, 13; 38:2; 49:22; 52:6; 58:21;
109:8; 110:6
Case [1] - 8:19
case-in-chief [1] - 4:20
cases [8] - 7:14; 10:15; 12:18; 54:2;
73:4
casualties [1] - 16:4
casualty [1] - 16:6
Catholic [1] - 29:1
caused [2] - 41:24; 42:1
causes [2] - 36:11; 55:2
CD [1] - 66:2
cell [3] - 13:22, 25; 75:13
CenCom [1] - 13:8
center [4] - 33:2
century [1] - 76:8
certain [3] - 15:7; 30:23; 64:3
certainly [6] - 30:6; 53:14; 61:14;
31 of 44 sheets
75:23; 77:1; 96:24

certified [1] - 17:5
certify [1] - 110:15
cetera [1] - 13:24
CFR [3] - 81:16, 19, 21
chain [3] - 44:21; 46:24; 57:9
chained [4] - 44:19; 51:10; 54:10; 64:1
chaining [2] - 52:10; 53:2
changed [1] - 74:21
chant [2] - 47:8; 105:24
chanting [8] - 101:19; 102:13, 18;
105:20, 22-23; 107:23
CHANTS [1] - 38:8
chants [4] - 35:15; 38:8; 47:18
character [1] - 84:24
characterize [2] - 23:15; 38:25
charge [2] - 13:9; 20:11
chief [1] - 4:20
Choi [53] - 3:20; 6:3, 9, 12; 7:15;
17:17; 34:22; 38:4; 43:16, 18; 44:7, 18;
45:9, 19; 46:9, 11; 47:5; 50:1, 11;
55:13; 56:7; 58:11; 59:1, 11, 19, 22;
62:10; 65:1; 66:19; 69:3; 71:12; 72:22;
73:25; 75:18, 25; 83:21; 84:9; 86:3, 6;
92:5; 94:1; 95:8, 16; 97:2; 98:1; 99:4;
103:11, 19, 22; 104:1, 23; 108:23
Choi's [1] - 25:7
choice [1] - 48:17
chose [3] - 53:15; 102:1
chronologically [1] - 10:17
CID [2] - 9:20, 22
citizenship [1] - 88:24
City [2] - 12:1, 4
city [1] - 12:2
civil [5] - 42:8; 47:7; 51:18; 52:15; 57:7
civilian [6] - 8:24; 12:4; 15:11, 25; 16:4
civilians [3] - 28:7; 59:11; 60:4
clarify [4] - 32:6; 59:13, 18; 84:4
class [1] - 88:24
classic [2] - 51:18; 57:6
classroom [1] - 87:16
clear [2] - 13:4; 69:9
clearer [1] - 23:2
clearly [1] - 32:11
clerical [3] - 28:15, 19, 24
CLERK [7] - 3:5, 17, 19, 24; 31:9;
39:25; 110:4
clerk [1] - 85:17
Cleveland [2] - 8:20; 29:10
clicking [1] - 101:7
client [5] - 26:12; 70:24; 71:1; 78:22;
109:12
close [1] - 62:15
closed [4] - 62:13, 17; 87:4
closer [5] - 32:8, 15; 107:18, 22;
108:12
closes [1] - 4:20
closest [1] - 96:21
clothed [1] - 26:22
Page 114 to 114 of 127
clothing [1] - 28:19

CNN [1] - 18:8
coalition [2] - 16:1, 4
cocaine [1] - 10:2
Code [1] - 81:6
coincidence [1] - 22:21
collar [1] - 28:19
colleague [3] - 39:6; 41:10; 92:14
college [2] - 8:10, 12
Coln [3] - 4:1; 40:4
combat [6] - 9:14; 16:13; 27:23, 25;
106:6
coming [3] - 23:23; 26:25; 70:3
command [1] - 15:3
commander [3] - 12:20; 16:19, 24
commanding [3] - 11:23; 13:11; 20:24
commenting [1] - 50:5
commission [3] - 11:13; 15:14, 18
commitment [1] - 60:9
committed [2] - 18:5; 85:6
common [1] - 80:17
communicate [1] - 18:22
communicated [1] - 45:15
community [1] - 37:9
comparable [1] - 107:6
compare [3] - 47:19, 22; 84:25
competent [1] - 98:4
complaint [1] - 26:12
complete [1] - 97:5
completed [4] - 10:19; 15:4; 17:5;
56:24
completion [1] - 15:20
complied [2] - 25:19; 105:5
compliment [1] - 55:6
comply [1] - 25:14
components [1] - 13:9
compound [1] - 50:5
computer [1] - 93:20
concede [1] - 49:8
conceded [1] - 58:7
concentrating [3] - 68:8, 14; 100:12
concern [1] - 40:16
concerns [2] - 12:22
conclude [1] - 81:13
concluded [1] - 54:15
concluding [2] - 6:18
conclusion [4] - 75:2; 98:16, 19; 99:7
conduct [10] - 32:1; 36:7; 73:1, 3;
82:17; 88:5, 13, 17-18, 22
conducted [1] - 9:24
conducting [2] - 100:12; 107:6
confer [1] - 92:13
confirmed [2] - 4:1; 38:20
confused [1] - 63:15
connected [5] - 45:4, 6; 73:20; 85:10;
94:20
consent [2] - 39:9, 12
consented [3] - 39:11, 16; 77:3
consenting [1] - 93:2
09/02/2011 03:29:20 PM
115
consequence [6] - 51:19; 52:15, 17;

57:18; 90:20; 97:11
consequences [3] - 90:23; 91:10, 18
consider [2] - 82:16; 83:6
consisted [1] - 84:22
consistent [1] - 54:19
conspiracy [1] - 105:2
constantly [1] - 36:20
Constitution [5] - 48:20, 22; 49:1, 16,
19
Constitutional [4] - 49:14, 18, 23
construed [1] - 35:24
contacted [2] - 19:16; 45:21
contemplate [1] - 52:9
content [2] - 21:14; 37:23
contest [3] - 34:24; 35:2, 4
context [2] - 37:24; 57:1
continue [12] - 13:3; 14:22; 17:9;
18:16; 19:15; 30:22; 33:23; 39:5; 41:16,
18; 77:20; 88:22
continued [4] - 24:10; 29:18; 57:5
contribute [1] - 36:11
control [1] - 98:18
convenience [1] - 82:12
Convention [1] - 11:25
conversation [2] - 55:14; 70:9
conversations [1] - 45:25
conveying [1] - 102:3
cop [2] - 42:18; 79:6
copies [4] - 5:12; 7:2; 18:11; 65:7
cops [1] - 57:8
copy [2] - 5:10; 6:21
copyright [2] - 40:24; 41:2
copyrighted [1] - 39:24
cordoned [4] - 30:24; 33:14; 64:6;
108:3
corporate [1] - 11:9
correct [126] - 43:16; 44:8; 45:7, 9, 13,
16; 46:1, 3, 6, 13-14, 16-17, 19-20,
22-23; 47:1, 8, 11-13, 18; 48:3, 6, 9, 12,
15, 18, 22; 49:13, 24-25; 50:3; 51:3;
53:7; 55:11, 17, 20, 23; 56:4; 59:4, 8-9,
12, 20, 24-25; 60:2, 5-6, 9, 25; 61:5, 13,
24; 62:11, 18, 25; 66:9, 19, 25; 67:3;
69:1; 71:10, 14, 18, 21; 72:1, 7, 13, 17,
19; 73:2, 9, 13, 22; 74:2; 75:9, 11, 16,
20; 76:1; 79:23; 80:10, 13; 81:22;
82:13; 83:15, 21; 85:9; 86:8, 12, 23;
87:6; 89:23; 90:5; 91:11; 92:5; 93:4, 12,
18, 22, 24; 94:2, 21; 95:1; 96:4; 97:6,
20; 102:10, 19-21, 25; 103:3-5, 20;
106:25; 107:13, 23, 25; 108:5; 110:15
corrected [2] - 71:4; 95:5
correction [1] - 61:24
correctly [1] - 96:13
counsel [15] - 4:15; 5:5; 31:2; 40:24;
41:18; 65:19; 66:6; 70:25; 92:9, 16;
109:13, 21-22; 110:2, 5
Counsel [1] - 42:13
counsel's [1] - 4:15
09/02/2011 03:29:20 PM
counselor [1] - 70:22

count [1] - 7:10
counter [1] - 57:4
counteraction [1] - 91:24
counteractions [1] - 91:25
counting [1] - 34:18
county [1] - 8:4
County [2] - 8:6
couple [1] - 25:21
couple's [1] - 20:19
coupled [1] - 73:1
courage [1] - 84:24
course [2] - 30:4, 13
court [8] - 6:18; 14:9, 12; 77:19; 78:2;
101:7; 105:5; 109:15
Court [44] - 3:15; 5:9; 6:8, 11, 13;
11:18; 21:23; 22:17; 30:10; 34:5; 38:22;
39:17; 40:16; 41:21; 52:8; 55:3, 9;
58:17, 25; 63:19; 66:1; 69:17; 70:14,
25; 72:21; 75:11, 15, 19; 77:16, 19, 21,
23; 78:1, 3; 79:19; 82:6; 86:2; 92:19;
98:13; 102:10; 110:18
court's [1] - 77:18
Court's [6] - 3:7; 11:16; 33:12; 65:19;
70:1; 83:18
courteous [1] - 5:16
courthouse [7] - 6:14; 40:6; 75:19, 21;
76:1, 6, 10
COURTROOM [6] - 3:5, 17, 19, 24;
31:9; 39:25
courtroom [2] - 78:13; 101:4
courts [1] - 14:10
cousin [1] - 16:23
coverage [1] - 64:24
CP [2] - 30:15, 25
created [1] - 21:16
crimes [1] - 10:12
criminal [5] - 3:19, 24; 9:16; 22:10;
26:12
critical [2] - 13:21; 17:4
CROSS [2] - 43:2; 111:7
cross [4] - 4:22; 32:1; 43:1; 58:4
cross-examination [2] - 32:1; 58:4
CROSS-EXAMINATION [2] - 43:2;
111:7
cross-examine [2] - 4:22; 43:1
crowd [9] - 33:15; 60:11; 64:8; 100:15,
23; 106:3; 107:12, 18, 23
crowded [2] - 48:23; 49:1
crowds [2] - 64:6; 87:19
CRR [2] - 110:15, 18
cuff [3] - 26:25; 27:12; 29:16
cuffs [1] - 56:16
curb [1] - 33:20
cuts [1] - 42:18
cutters [5] - 42:18; 52:11; 53:3; 68:4, 6
cutting [4] - 68:11; 84:15; 87:10; 91:1
Cuyahoga [1] - 8:6
Page 115 to 115 of 127
D
D.C [7] - 6:8, 13; 46:12; 75:13, 19;
85:20
Dan [32] - 7:15; 17:17, 20; 19:3, 16, 18;
20:18; 21:1; 23:10, 24; 24:11; 25:7;
34:13, 21-22; 38:4; 47:5; 50:11; 56:1;
59:14; 64:8; 66:19; 76:3; 85:1, 23-24;
88:25; 96:2, 6; 103:11
Daniel [2] - 3:20; 35:5
Date [1] - 110:18
date [1] - 22:10
dated [1] - 19:13
David [2] - 11:8; 13:14
days [6] - 6:1; 9:15; 17:8; 93:11; 95:13;
106:16
de [1] - 23:14
decide [3] - 54:21; 56:19; 97:5
decided [5] - 16:5, 8; 24:17; 50:2;
55:10
decidedly [1] - 101:20
decision [2] - 16:18; 78:22
dedication [1] - 60:8
defend [1] - 12:2
defendant [13] - 3:21; 17:17; 28:3;
31:25; 43:22; 69:11; 74:7; 78:19; 83:20;
92:17; 99:16; 109:18
Defendant [11] - 43:16, 18; 44:18;
45:9, 19; 46:9, 11; 50:1; 55:13; 56:7;
75:18
DEFENDANT'S [1] - 7:22
defendant's [1] - 43:19
defending [1] - 11:12
defense [6] - 4:15; 10:25; 31:2; 66:6;
92:8; 109:21
deficit [1] - 106:22
define [1] - 76:8
defines [2] - 81:17, 21
definitely [3] - 27:11; 85:7; 95:14
definition [4] - 81:16, 21; 106:14, 23
degree [2] - 8:14; 44:3
Delayed [1] - 65:23
deliberately [1] - 84:11
delivered [1] - 4:17
demand [1] - 34:8
demanding [3] - 52:3, 17; 87:18
demonstrate [1] - 47:8
demonstrated [1] - 96:14
demonstration [8] - 21:21; 33:24;
34:6; 39:1; 53:9, 19; 82:17; 101:20
denied [1] - 7:13
Department [1] - 29:19
dependent [1] - 47:20
depiction [2] - 38:14; 40:10
deploy [1] - 12:4
deployed [3] - 9:13; 13:17; 34:11
deploying [1] - 13:5
deployment [9] - 15:4; 17:6; 20:9, 17;
21:10; 23:4, 8; 25:24; 30:16
32 of 44 sheets
116
DEPUTY [1] - 110:4

describe [2] - 46:1; 87:21
described [8] - 64:25; 71:21; 72:1;
83:20; 84:2, 10, 19; 95:16
DESCRIPTION [1] - 111:10
desert [1] - 27:25
Desert [1] - 9:14
deserve [1] - 105:21
deserved [1] - 18:23
designed [1] - 101:21
desk [2] - 5:12; 6:25
detail [7] - 11:17; 15:23; 20:16; 23:5;
25:22; 34:4; 106:14
details [1] - 76:25
Detective [1] - 27:4
detention [4] - 78:10; 79:4; 109:7;
110:2
determination [1] - 83:13
determine [2] - 70:19; 83:14
determines [1] - 48:20
deterring [1] - 16:7
developing [1] - 64:8
devoted [1] - 18:6
diagram [2] - 32:4, 12
dialogue [1] - 91:15
DiBona [1] - 93:11
dictionary [2] - 41:7; 80:17
difference [4] - 61:23; 80:1; 91:4, 22
different [4] - 54:3; 71:25; 82:23; 97:19
difficult [1] - 40:2
difficulties [1] - 40:7
difficulty [1] - 40:8
digital [1] - 27:24
dinner [2] - 36:1, 21
DIRECT [2] - 8:1; 111:6
direct [3] - 32:1; 46:6; 84:7
direction [2] - 42:10, 23
directly [4] - 18:21; 35:17; 58:4; 107:1
dirty [1] - 34:6
dis [1] - 53:17
disagree [3] - 98:2, 22; 99:6
disaster [1] - 12:2
discharge [3] - 17:1, 6
discharged [2] - 15:20; 41:24
discipline [2] - 24:23; 100:13
disconnected [1] - 103:7
discovery [1] - 4:17
discriminates [1] - 51:24
discriminating [1] - 90:16
discrimination [4] - 18:19, 23; 34:8;
90:15
discuss [7] - 26:3; 46:2; 54:7; 69:25;
74:13; 77:9; 99:11
discussed [13] - 6:10; 20:19; 46:21,
24; 54:12; 55:15; 71:20; 72:24; 73:25;
79:15, 25; 99:8; 109:11
discussion [8] - 46:15; 54:9; 61:12;
72:22; 74:7; 99:5, 15
Discussion [5] - 69:24; 70:5, 25;
33 of 44 sheets
92:16; 109:24
disengage [3] - 24:23; 25:5; 42:24
disengagement [2] - 25:8, 11
dismiss [1] - 7:9
disobedience [5] - 42:9; 47:7; 51:18;
52:15; 57:7
disproven [1] - 12:25
dissemination [1] - 76:15
distant [1] - 26:16
distinction [7] - 49:21; 52:8; 80:1, 18,
23; 81:2; 88:6
distinguishing [1] - 49:19
Division [5] - 11:22; 12:9, 20; 13:5;
16:12
division [5] - 11:23; 12:1, 3; 16:13;
17:5
division's [1] - 17:3
document [1] - 3:15
documentation [1] - 21:15
documents [3] - 3:8; 4:12
domain [1] - 11:11
done [8] - 4:25; 5:17; 47:12, 15; 53:15;
56:8, 12; 97:5
door [1] - 20:12
doubt [1] - 7:11
Douglas [1] - 11:8
down [14] - 11:15; 30:7; 32:15; 34:2,
17; 36:5, 17; 41:14; 42:15, 21; 54:2;
59:10; 60:1; 67:25
downloaded [1] - 40:25
draft [1] - 52:6
draw [3] - 51:14; 80:23; 81:1
drawing [1] - 49:4
drawn [1] - 52:9
dressed [1] - 28:2
drew [2] - 79:25; 80:18
drilled [1] - 25:5
drives [1] - 47:21
drove [1] - 14:9
drug [4] - 9:23; 10:5, 11
Drum [4] - 12:12, 16; 16:16, 18
due [5] - 68:12; 90:17; 91:21; 101:10,
13
During [1] - 12:10
during [11] - 9:13; 16:10; 30:16; 35:25;
69:5; 77:10; 84:22; 97:22; 107:19
duty [2] - 11:21; 12:11
DVD [8] - 40:25; 66:2, 4; 70:13, 15;
77:16
E
e-mail [3] - 45:15, 21, 24
e-mailed [4] - 4:10; 17:20; 18:16;
19:16
ease [1] - 109:12
east [2] - 33:3, 6
Easter [2] - 4:25; 5:1
educated [1] - 47:6
Page 116 to 116 of 127
education [1] - 8:16

effect [1] - 21:9
effectuate [1] - 46:18
effort [5] - 40:6, 20, 24; 42:19; 51:17
either [1] - 96:8
elapsed [1] - 64:19
elicit [1] - 49:5
Elliott [1] - 65:20
Elzie [1] - 34:22
emanating [1] - 64:13
embarrassed [1] - 63:25
eminent [2] - 11:11; 55:3
enclosed [1] - 62:9
encounter [1] - 26:4
end [2] - 18:19; 60:15
ended [10] - 15:10, 18-19; 18:23;
28:18; 30:23, 25; 33:18; 53:19; 60:13
enemy [3] - 13:20; 91:7; 106:8
enforcement [2] - 25:2; 60:24
enforcing [1] - 90:14
engage [10] - 18:18, 22; 19:21; 21:4;
23:21; 46:3; 51:23; 90:10; 99:10; 105:9
engagement [1] - 12:9
engagements [1] - 13:20
engaging [7] - 20:20; 24:25; 35:15;
72:24; 97:12, 14; 99:9
enlist [2] - 9:1
enlisted [3] - 9:6, 10, 19
enlisting [1] - 16:7
enlistment [1] - 15:17
ensure [2] - 4:11, 21
enter [1] - 39:18
entered [2] - 66:7; 82:7
entire [5] - 13:8; 16:2; 32:12; 81:9
entitled [1] - 110:16
envisioned [1] - 19:21
equality [11] - 18:5, 7, 23; 34:9; 35:15,
18; 52:3, 17; 87:19; 90:13; 105:21
equally [1] - 33:11
equipment [1] - 39:25
equivalent [1] - 9:20
escalator [1] - 26:18
Esquire [1] - 27:3
estimate [1] - 64:18
et [1] - 13:24
Evelyn [1] - 34:23
event [4] - 56:17; 63:13; 95:12; 96:21
events [3] - 36:21; 76:20; 92:9
eventually [5] - 12:24; 13:18; 15:2;
33:18; 60:24
evidence [16] - 4:2; 7:4; 20:6; 22:2;
39:9, 18; 51:4; 56:13; 65:14; 66:8, 11;
69:19; 71:6; 82:8; 93:3
exact [5] - 36:24; 37:5; 60:10; 95:13;
105:23
exactly [8] - 14:5; 23:9; 27:17; 53:13;
61:9, 15; 62:2; 86:21
EXAMINATION [4] - 8:1; 43:2; 111:6
examination [6] - 32:1; 39:6; 46:6;
09/02/2011 03:29:20 PM
117
58:4; 84:8
EXAMINATIONS [1] - 111:4
examine [2] - 4:22; 43:1
example [1] - 101:4
excuse [5] - 23:1; 28:8; 70:11; 96:12
exercise [2] - 51:19; 73:9
exercising [2] - 73:12; 74:1
exhibit [13] - 4:4; 5:24; 6:2, 21, 23;
31:3, 24; 39:16, 18; 64:23; 75:9; 99:25
Exhibit [21] - 5:25; 29:25; 32:11;
64:24; 66:2-4, 11, 22; 71:13, 16; 75:9;
79:18; 82:6; 92:8; 93:1, 6, 16; 100:1;
111:11
Exhibit's [1] - 71:13
exhibits [2] - 4:2; 6:18
EXHIBITS [1] - 111:9
exists [1] - 39:21
experience [2] - 16:13; 58:19
experienced [1] - 23:23
experiencing [1] - 16:2
experiment [1] - 107:6
expertise [4] - 16:9; 17:2; 23:18; 38:23
explain [11] - 15:12, 23; 17:19; 20:16;
25:22; 33:24; 51:9; 63:25; 80:22; 91:3;
106:5
explained [2] - 56:18; 84:8
explains [1] - 37:24
explanation [1] - 85:19
exponential [1] - 63:20
expressing [1] - 88:20
expression [1] - 102:3
expressive [3] - 88:13, 21; 100:12
extensive [1] - 10:8
extensively [1] - 18:15
external [1] - 100:4
extra [1] - 5:12
eyes [1] - 37:19
F
face [1] - 100:11
facing [1] - 66:24
fact [9] - 5:4; 25:14; 40:11; 48:25; 50:3;
52:11; 87:23; 99:5; 102:18
facts [3] - 22:1; 51:4; 56:13
factual [1] - 109:21
failed [1] - 7:10
fair [4] - 38:12; 98:6, 25; 101:25
fairer [2] - 38:13; 83:5
fairly [6] - 26:7; 32:6; 36:5; 58:6;
102:9; 108:9
fallen [1] - 14:11
familiar [1] - 73:5
family [3] - 11:9; 19:9, 11
famous [1] - 52:6
far [2] - 24:22; 89:9
Farrow [2] - 28:18; 34:22
fascination [1] - 106:16
fashion [2] - 28:3; 72:3
09/02/2011 03:29:20 PM
fashioned [1] - 72:3

fast [4] - 17:9, 16; 19:24; 24:15
fated [1] - 26:11
Father [2] - 28:18; 34:21
fatigues [2] - 27:21; 72:4
fault [1] - 23:1
favorable [1] - 7:11
FBI [1] - 9:20
February [2] - 15:10; 19:25
Federal [1] - 81:6
federal [2] - 14:14, 18
feet [1] - 26:21
FELDMAN [182] - 3:3, 22; 4:25; 5:3, 7,
15, 21; 6:5, 7, 15; 7:2, 9, 15, 18, 20, 23;
8:2; 9:4; 10:16; 13:3; 14:21, 24; 15:22;
18:2; 19:23; 20:12, 15; 21:25; 22:3, 18;
23:1, 3; 24:3, 7, 14; 28:9, 12, 14, 20;
29:2, 11, 14; 30:3, 5, 7, 9, 14, 21; 31:4,
7, 11, 17, 22, 25; 32:14, 20; 33:1, 8, 10,
22; 34:3; 35:1, 4, 8-9; 36:16, 23; 37:2,
4; 38:3, 6, 17, 19; 39:4, 8, 12, 15; 40:4,
13, 22; 41:3, 6, 12, 16, 20; 42:15;
44:21; 47:25; 48:24; 50:4, 14, 19, 23;
51:4; 55:3; 56:10, 13; 57:21; 58:16;
60:16; 61:21; 63:12, 18; 65:5, 8, 18;
66:9; 68:2, 11; 69:7, 20, 22, 25; 70:6, 8,
12, 17, 19, 24; 71:1, 4; 72:2; 73:3, 14;
74:3, 19; 76:7; 77:3, 22; 78:15, 23, 25;
79:6, 9, 12, 24; 80:17; 82:10, 22, 24;
84:15; 85:11, 15; 87:10; 88:3, 18;
89:17; 90:6, 8; 91:1, 12, 14, 20; 92:13,
18, 21, 24; 93:4, 12; 95:2; 98:4, 24;
99:1, 12; 100:19, 25; 101:10, 13;
102:11; 103:12, 25; 104:7; 105:1, 13,
15; 107:5, 8, 14; 109:2, 5, 11; 110:7
Feldman [13] - 3:21; 4:12; 5:11, 25;
6:10; 32:17; 39:22; 40:6, 14; 58:1; 66:1,
7; 93:2
Feldman's [2] - 66:5; 93:10
felony [1] - 10:15
felt [1] - 74:17
fence [70] - 29:21; 33:6; 44:24; 45:5,
11; 46:16, 25; 48:5, 14; 50:12, 18, 22;
51:11; 52:10; 54:10; 55:1; 58:2; 59:2, 7,
10, 14, 16, 19, 22; 60:2, 24; 61:5;
62:10; 64:2, 9; 65:1; 67:2, 4; 68:23;
71:18; 73:21, 23; 75:7; 85:8, 22, 25;
86:3, 7, 11, 23; 87:2, 8, 14; 89:1; 93:18;
94:7, 9, 12, 14, 16, 20; 95:18, 21; 97:2,
7; 102:25; 103:4; 104:20, 22, 25;
108:12
Fermaint [3] - 4:8, 22; 5:1
Fermaint's [1] - 4:11
few [4] - 6:1; 20:4; 33:3; 109:9
Fi [3] - 39:25; 40:3, 8
fight [1] - 13:2
fighter [1] - 38:9
fighters [7] - 21:10; 25:24; 34:11; 46:1;
84:10, 21
figure [1] - 80:15
Page 117 to 117 of 127
file [3] - 3:15; 5:6, 10

financial [1] - 11:10
fine [2] - 43:7; 97:18
Fine [1] - 88:6
finish [7] - 70:7; 87:12; 91:2; 96:11;
101:11; 108:25
finished [10] - 28:10; 54:21; 55:12;
56:20; 57:10; 69:17; 97:8; 101:15
Finkenbinder [1] - 35:3
fire [5] - 48:23; 49:1; 91:5; 106:7
fired [1] - 106:9
firm [7] - 10:23-25; 11:1, 8, 20
First [4] - 38:1; 49:13; 98:14
first [20] - 9:2; 12:10; 13:6; 20:1; 45:21;
50:4; 53:21, 23; 58:20; 63:1, 10; 64:1;
66:21; 96:15; 97:3; 102:18; 105:14;
107:5
fit [2] - 56:15
five [6] - 9:15; 65:11; 93:11, 17; 102:2,
24
focus [1] - 46:25
focusing [2] - 47:7; 59:2
folks [2] - 26:2; 54:7
follow [2] - 56:25; 85:4
followed [2] - 60:12; 85:3
following [5] - 57:15; 59:12; 60:4;
86:2; 109:14
football [1] - 29:12
forces [3] - 13:10, 19
foregoing [1] - 110:15
forever [1] - 16:3
forget [2] - 23:5; 98:6
form [4] - 53:3; 69:7; 81:10; 105:1
formed [1] - 26:12
former [2] - 4:15; 47:23
forming [1] - 87:1
formulate [1] - 51:20
formulating [1] - 84:23
Fort [6] - 9:11, 15; 12:11, 15; 16:16, 18
forth [2] - 51:2; 101:8
forward [9] - 17:9, 16; 19:24; 24:15;
68:9, 15; 78:11; 109:7, 25
foundation [2] - 31:2; 89:19
foundational [1] - 80:3
four [9] - 9:9, 12; 10:19; 13:17; 17:3;
65:11; 93:11; 96:12
four-year [2] - 9:9; 10:19
fourth [2] - 57:21; 93:21
Foutou [2] - 35:5
frame [15] - 66:21; 67:7, 10; 68:4;
93:17, 20; 94:1, 12, 20; 96:3; 99:23;
102:24; 104:14; 108:9, 13
free [14] - 18:22; 19:21; 20:21; 21:4;
23:21; 24:25; 25:4; 46:3; 49:24; 72:24;
73:1, 9, 12; 74:1
freedom [9] - 21:10; 25:24; 34:10;
38:9; 46:1; 84:10, 20
Freedom [1] - 12:11
frequencies [1] - 106:12
34 of 44 sheets
118
friends [3] - 19:2, 4; 43:15

front [10] - 6:8, 14; 25:1; 48:12; 52:3;
75:18, 21; 76:1, 5; 90:15
frustrated [1] - 5:9
Ft [1] - 65:21
full [2] - 18:23; 105:21
fully [3] - 18:5; 23:21; 97:18
function [1] - 79:3
fuzzier [1] - 31:16
G
game [1] - 85:18
garb [2] - 28:15, 19
gather [1] - 83:4
gay [23] - 16:19, 25; 18:5-7; 25:24;
34:8, 10; 36:2-4, 6, 11, 20; 37:9; 41:23;
51:24; 52:2; 90:13; 104:21
geared [1] - 45:25
general [11] - 11:8, 23; 13:10, 14, 16,
19; 20:23; 27:4; 34:8; 109:13, 22
General [1] - 13:14
generally [2] - 60:11; 89:8
Geneva [1] - 11:25
genocide [1] - 97:23
gentleman [2] - 69:10; 108:10
Geoff [2] - 28:18; 34:21
GEORGE [160] - 3:4, 7, 11, 14; 4:1, 7,
10, 15, 17; 5:1, 8, 23; 6:6, 8, 17, 21, 24;
7:6; 10:7; 14:19; 15:8; 17:23; 20:10;
21:24; 22:1, 7, 12, 14, 20, 23; 28:23;
30:12, 17; 31:1, 23; 36:7; 37:1, 14, 21;
39:11, 13, 16, 22; 40:14; 41:13; 42:11;
43:3, 21, 24; 44:23; 48:2; 49:11; 50:10,
16; 51:1; 53:25; 54:24; 55:8; 56:11;
57:14, 25; 58:10, 14, 23-24; 59:6;
60:15, 23; 61:3, 11; 62:7; 63:6; 64:23;
65:3, 7, 11, 25; 66:13, 15, 18; 67:6, 16;
68:17, 21; 69:13, 15, 17; 70:10, 14;
71:3, 8; 72:6, 9; 73:8, 11, 19; 75:6;
76:23; 77:2, 16, 25; 78:7; 79:10, 14;
80:3, 8, 25; 81:19; 82:5, 13, 15, 23;
83:12, 18-19; 84:18; 85:14, 16, 21;
87:22; 88:9, 16; 89:4, 21, 25; 90:3, 19;
91:9, 13; 92:4, 7, 12; 93:1, 8, 15; 94:5,
24; 95:4, 7; 98:21; 99:3, 22; 100:21;
102:7, 12, 17, 23; 103:14; 104:5, 13;
105:10, 14, 19; 107:11, 16; 108:8, 23;
109:3, 20
George [14] - 3:21, 25; 5:18; 6:22;
21:22; 49:4; 58:22; 78:9; 79:9; 80:22;
107:10; 108:22; 109:17
Germany [3] - 9:10, 13
gilded [1] - 35:24
gist [1] - 37:8
given [5] - 14:13; 77:4; 80:4; 102:19;
104:8
glass [2] - 31:5, 7
glasses [5] - 30:22; 31:8, 12, 18
35 of 44 sheets
glitch [1] - 40:10

God [1] - 42:6
Godspeed [1] - 42:6
government [37] - 3:11, 21; 4:3, 7, 20;
5:23; 6:11, 17; 7:6, 10, 12; 12:19, 21;
14:3, 7, 11; 18:18; 30:18; 37:15; 39:16;
40:16; 48:21; 51:24; 56:14; 66:1; 74:4;
88:12; 90:14; 93:9; 99:25; 109:12, 20
government's [3] - 33:12; 39:12; 77:2
Government's [19] - 5:25; 29:25;
32:11; 64:24; 66:2-4, 11, 21; 71:13, 16;
79:18; 82:6; 92:8; 93:1, 6; 100:1;
111:11
gracious [1] - 31:14
graduated [2] - 8:10; 10:20
grateful [1] - 28:13
gravitas [1] - 84:24
greatly [1] - 36:11
Greensboro [1] - 57:4
ground [4] - 12:10; 13:8, 11
group [20] - 26:13; 27:11; 28:16;
29:18; 32:18, 21; 72:12; 83:21, 24;
84:1, 3, 8, 12, 20; 96:9
groups [1] - 26:14
guess [6] - 21:22; 47:9; 48:10; 53:1;
60:10; 101:18
guidance [2] - 42:23; 109:16
guns [2] - 106:7, 9
guys [2] - 10:4; 24:17
H
hair [1] - 7:21
half [1] - 96:24
hand [5] - 20:11; 41:18; 48:8; 95:22,
25
handcuff [19] - 48:17; 50:2, 17, 21;
55:19, 23; 56:1, 9; 67:17; 94:16; 95:21,
24; 96:7; 104:20, 22, 25; 108:15, 18
handcuffed [31] - 42:22; 45:11; 55:1,
10; 59:7, 19; 60:13, 15-20; 61:13; 67:2,
4; 73:21; 86:7, 10, 16; 87:2; 93:17;
94:7, 9, 12, 14; 97:6; 102:25; 103:2
handcuffing [6] - 48:14; 50:12; 55:17;
95:17, 25; 96:16
handcuffs [27] - 42:19; 45:3, 6; 46:22;
47:3; 56:6; 88:14, 21, 23; 103:6, 9, 11,
13, 15, 20, 23-24; 104:2, 6, 9, 24;
105:8, 12, 17
handed [1] - 108:19
handle [1] - 12:5
hands [5] - 94:7-9; 95:21, 25
harassed [1] - 24:11
harassment [1] - 23:23
hard [1] - 87:21
harm [1] - 87:17
harm's [1] - 87:17
hat [2] - 67:13; 108:10
hate [1] - 74:19
Page 118 to 118 of 127
head [2] - 10:5, 11

headed [1] - 26:14
headquarters [2] - 13:8; 75:13
hear [17] - 17:22; 20:14; 61:19, 22;
90:18; 100:22; 101:6; 104:1; 105:20,
23; 106:2, 12, 23, 25; 107:12
heard [10] - 12:18; 54:20; 55:2; 57:9;
88:22; 89:12, 14; 100:18; 101:16; 106:4
hearing [8] - 5:2; 17:20; 26:24; 89:10;
100:8; 106:6, 11, 22
hearings [4] - 78:10; 79:4; 109:7;
110:2
hearsay [1] - 37:21
help [6] - 12:2; 14:6; 31:7, 13, 17
helped [3] - 10:13; 14:10; 81:1
hesitate [1] - 84:25
high [4] - 10:14; 16:6; 29:12; 106:12
High [1] - 29:6
highest [1] - 16:3
highlight [1] - 60:8
highlighter [1] - 30:10
himself [7] - 44:22; 50:2, 17, 21;
60:17; 85:1; 88:20
historical [1] - 57:1
history [1] - 8:15
Hodge [3] - 27:5; 78:17, 22
hold [1] - 78:8
holding [1] - 68:4
Holmes's [2] - 49:2
home [3] - 17:8; 53:12; 104:15
homosexual [1] - 36:12
honestly [2] - 53:5; 61:9
honesty [1] - 76:2
Honor [139] - 3:3, 7, 11, 22; 4:1, 5; 5:8;
6:3; 7:23; 9:5; 10:7; 14:19; 15:8, 15;
20:5, 10; 22:1, 12, 18; 27:16, 22; 28:1,
4, 23; 29:10; 30:12, 17; 31:1, 6, 14, 16,
23; 32:4, 6, 24; 33:20; 35:6; 36:7, 13;
37:1, 18, 20; 38:3; 39:4, 9, 13; 42:24;
43:21; 49:7; 50:8; 51:8, 12, 22; 52:7,
13, 16, 19, 25; 53:5, 13, 21; 54:1, 5, 8,
11, 18, 22; 56:10, 22; 57:12, 25; 59:5;
60:20, 22; 61:7; 62:1, 5; 63:22, 24;
64:14, 21, 23; 65:12, 21, 25; 66:9; 68:5,
8, 12, 14; 69:15, 17; 70:17, 19; 72:3, 6;
73:4, 8; 74:9, 12, 15; 75:1; 76:19, 22;
77:2, 16, 25; 79:10; 80:3; 82:5; 83:4, 9;
88:8; 91:3, 13, 23; 92:2, 7, 24; 93:4, 8,
12; 98:9, 12; 101:1, 22, 24; 102:4, 15,
20; 104:3, 11; 108:23; 109:15, 20
Honor's [1] - 38:23
honorable [1] - 17:7
honorably [1] - 15:20
hope [2] - 79:3; 109:14
hoping [1] - 74:4
hour [1] - 96:25
hours [1] - 65:23
House [79] - 18:21; 19:21; 20:20;
23:20; 25:1; 26:13, 16-17; 27:1, 13;
28:18; 29:18, 20; 32:5, 10; 33:4; 37:25;
09/02/2011 03:29:20 PM
119
44:19, 22, 24; 45:5, 11; 46:2, 16, 25;

47:10; 48:5, 12, 14; 50:12, 18, 22;
51:11; 52:3; 53:2; 54:10; 59:2; 60:2, 12,
23; 61:5; 62:10; 64:2; 65:1; 66:24;
71:17; 73:2, 13, 17, 21; 75:7; 81:22;
82:18; 85:8, 22; 86:3, 7, 11, 22; 87:2;
89:15; 90:15; 92:10; 93:18; 95:18, 21;
102:3; 103:4; 104:20
house [5] - 19:5, 7; 20:19; 103:16;
104:17
housekeeping [1] - 77:25
HRC [1] - 36:21
Human [1] - 36:1
human [1] - 36:11
humble [3] - 58:17
Hurricane [1] - 65:23
hypothetical [1] - 47:19
I
i.e [2] - 51:18; 52:11
Ian [1] - 35:3
idea [4] - 47:3; 50:21; 53:6
ideas [1] - 84:23
identical [1] - 85:3
identification [2] - 38:25; 82:6
identified [2] - 43:22; 69:11
Ignatius [2] - 29:8, 10
ignorance [1] - 85:12
II [2] - 8:5; 97:22
illegal [3] - 51:13; 83:10; 90:12
imagine [2] - 47:15; 70:18
immediately [4] - 10:19, 22; 17:1;
18:20
implications [1] - 74:14
important [1] - 51:16
impression [1] - 42:20
in-person [1] - 46:10
incident [1] - 71:12
including [4] - 37:9; 38:23; 63:13; 92:4
inconvenience [1] - 78:16
incredibly [1] - 106:10
indeed [1] - 109:8
independent [4] - 36:24; 37:5; 67:23;
83:8
indicated [4] - 55:1; 56:2; 79:15; 91:15
indicating [3] - 12:21; 33:18; 100:22
indicating) [3] - 32:22, 25; 43:19
indication [3] - 56:14; 83:10
indictment [1] - 105:2
individual [6] - 11:9; 16:24; 20:19;
21:10; 95:23; 96:8
individual's [1] - 104:15
individually [1] - 21:18
individuals [15] - 23:20; 29:23; 85:24;
93:17; 94:11, 18-19; 96:6; 97:1, 10;
102:15; 103:20; 104:14, 24
indulgence [4] - 3:7; 11:16; 39:4;
83:18
09/02/2011 03:29:20 PM
inequality [1] - 88:23

inevitable [1] - 51:7
inevitably [1] - 38:2
Infantry [1] - 16:12
infantry [4] - 9:9, 19, 21; 13:23
inform [1] - 16:19
information [3] - 23:16, 22; 72:18
informed [1] - 16:24
initial [2] - 4:4; 13:9
initials [2] - 33:7
innocent [2] - 52:21
inquiring [1] - 53:25
inserted [1] - 66:4
insist [1] - 52:20
inspired [1] - 85:6
instant [1] - 26:12
instead [1] - 54:16
instinctive [1] - 24:24
instinctively [1] - 25:3
instinctual [1] - 25:12
instructed [1] - 96:9
instruction [2] - 29:3; 96:9
instructions [2] - 57:7; 97:1
insurance [1] - 10:25
intend [1] - 6:24
intended [1] - 15:25
intending [1] - 19:22
intent [13] - 34:5, 7; 37:2, 25; 52:19;
53:22; 56:23; 97:3, 12
intention [3] - 54:2; 90:4, 9
interaction [1] - 62:13
interested [1] - 76:15
international [3] - 11:24; 18:12, 14
Internet [2] - 18:6; 40:12
Internet-based [1] - 40:12
interpretation [4] - 97:19; 98:2, 23;
99:6
interrogation [1] - 41:17
interrupt [3] - 24:1; 27:2; 35:20
interrupting [2] - 28:8
interview [3] - 20:13; 86:1
introduced [1] - 4:2
invade [1] - 12:22
invasion [7] - 13:8, 11, 18, 23; 14:1
investigate [1] - 10:13
investigated [2] - 10:6, 13
investigative [1] - 9:17
investigator [2] - 9:16, 23
invitation [3] - 35:21, 23
invite [1] - 54:13
invited [2] - 19:20; 60:11
inviting [1] - 37:6
involve [3] - 49:14; 74:10, 15
involved [4] - 16:19; 21:17; 23:10, 12
involving [1] - 21:8
Iraq [9] - 9:13; 12:22; 13:18; 16:8,
10-11, 18, 25
Iraqi [2] - 14:3, 12
Irene [1] - 65:23
Page 119 to 119 of 127
issue [10] - 3:16; 5:21; 24:13; 35:22;

48:10; 80:24; 83:4; 99:8; 106:6
issued [1] - 22:6
issues [7] - 13:19, 21; 36:20; 38:24;
55:15; 73:6
J
J.D [3] - 8:19, 23; 10:21
jacket [1] - 27:24
Jag [5] - 8:25; 11:13; 15:10; 16:12;
17:4
Jags [1] - 16:13
jail [3] - 23:24; 24:10, 13
James [2] - 7:15; 8:5
JAMES [5] - 7:22; 8:1; 43:2; 111:6
Jeanette [1] - 79:12
Jencks [4] - 4:18, 21-22; 5:3
Jesuit [2] - 29:6
job [1] - 14:12
join [1] - 95:17
joined [2] - 10:23; 29:23
Jr [3] - 85:2; 88:11; 89:2
judge [12] - 12:14; 31:9; 58:16; 65:18;
68:11; 79:16; 82:10; 84:15; 92:18;
99:12; 102:11
Judge [29] - 5:21; 7:18; 20:4, 6; 22:4;
23:2; 28:10, 12-13; 30:3; 38:17; 40:22;
41:7, 16; 57:22; 58:20; 65:9; 69:7, 20;
70:6, 24; 71:21; 76:9; 78:16, 20; 79:2;
92:21; 100:25; 107:5
judge's [1] - 31:17
judges [2] - 14:14, 18
judicial [5] - 6:11; 40:11; 48:25; 82:7, 9
jurat [1] - 23:14
jurisprudence [2] - 98:13, 16
jury [1] - 28:13
Justice [2] - 49:2
Justin [1] - 34:22
K
keep [2] - 15:14; 78:19
Kent [1] - 65:21
KENT [1] - 65:23
kept [2] - 26:23; 77:5
key [10] - 55:23; 56:1, 5, 9, 15; 67:13,
17; 68:25; 108:15, 20
keys [4] - 55:19; 56:14; 101:8; 108:18
kickoff [1] - 14:1
killed [1] - 16:21
Kim [1] - 22:17
kind [4] - 10:24; 14:4; 79:12; 101:18
King [2] - 85:2; 89:2
known [1] - 36:3
knows [2] - 74:5; 103:12
Kuwait [2] - 9:13; 13:18
36 of 44 sheets
120
L
labeled [1] - 32:5
LaChance [2] - 78:16, 21
Lafayette [2] - 33:17; 87:4
land [1] - 13:10
language [1] - 36:15
laptop [1] - 77:18
last [9] - 5:17, 24; 8:5; 19:25; 24:15;
43:8; 78:20; 108:23
Latin [1] - 8:15
Lauderdale [1] - 65:21
lavender [3] - 30:10, 15; 32:21
law [48] - 7:11; 8:20, 24; 10:20, 23-25;
11:1, 9-10, 20-21, 24; 12:7, 12; 13:17,
19; 16:1; 17:10; 21:6, 13; 23:17, 22;
25:1; 43:25; 44:3; 47:6; 49:14, 16, 22;
51:23; 52:2; 60:24; 72:13; 74:5, 25;
80:1; 82:10; 97:15, 20; 98:2; 99:6
lawful [5] - 21:14; 97:14, 24; 100:13
lawfully [4] - 90:10; 98:17; 99:9
laws [1] - 72:13
lawyer [10] - 14:6; 43:25; 49:4; 97:18,
24; 98:2, 12, 15, 22
lawyers [4] - 17:4; 97:21, 23; 99:1
lay [1] - 31:2
laying [1] - 89:18
leader [9] - 20:25; 83:21, 23-24; 84:2,
9; 85:1
leaders [1] - 37:9
leadership [2] - 84:22; 103:22
leading [2] - 21:1; 38:8
learned [1] - 106:16
learning [2] - 10:9; 36:16
least [5] - 27:9; 41:13; 76:21; 78:14;
95:14
leave [11] - 12:20; 53:20; 56:20; 57:5,
10; 61:4; 65:14; 79:4; 87:6; 97:7;
100:18
leaving [1] - 61:12
led [1] - 22:15
ledge [15] - 73:20; 74:25; 75:3; 79:17,
23; 80:2, 6, 9, 12, 20; 81:13; 83:14;
94:20; 97:20; 98:3
leeway [1] - 80:4
left [6] - 5:11; 6:25; 66:1; 69:11; 93:22;
94:2
legal [15] - 21:9; 23:14; 27:4; 48:10;
49:12, 18, 22; 72:11, 15; 73:6; 74:13,
16, 20; 80:18; 83:13
legally [3] - 75:3; 83:16; 90:24
legislation [1] - 42:1
legitimacy [1] - 74:25
legs [1] - 47:24
leisure [3] - 7:5; 20:7; 39:10
less [2] - 35:14; 63:20
letter [1] - 27:4
lieutenant [4] - 13:14; 18:8, 14; 22:18
Lieutenant [6] - 3:20; 13:14; 17:17;
37 of 44 sheets
22:17, 19; 25:7

Lieutenant's [1] - 56:16
life [1] - 21:7
lifts [1] - 42:4
light [2] - 7:11; 67:9
limits [4] - 49:12, 14, 18, 22
limp [2] - 42:9, 20
line [6] - 32:21; 33:2-4; 51:21; 57:15
linguistics [1] - 85:20
link [5] - 38:21; 39:2; 41:3
lips [1] - 107:2
list [1] - 4:5
listen [1] - 42:14
listening [1] - 87:16
literally [1] - 76:11
live [1] - 18:10
lives [1] - 16:10
lobbying [1] - 36:4
local [1] - 85:12
location [2] - 106:20
lock [1] - 109:8
lock-up [1] - 109:8
lockups [1] - 110:1
look [10] - 7:19; 32:7; 39:20; 40:10;
65:9; 68:18; 93:20; 94:1; 100:11; 107:2
looking [13] - 3:7; 26:21; 27:11; 34:17;
67:20, 25; 68:9, 14; 97:16; 98:15; 107:1
looks [1] - 109:9
Lorain [1] - 8:7
lose [1] - 106:14
loss [1] - 16:7
loud [1] - 24:3
Louisiana [1] - 9:11
low [1] - 106:12
lowest [1] - 16:2
lucky [1] - 16:21
lunch [9] - 77:21, 23; 78:4, 9, 12;
109:1, 23; 110:5, 7
Luther [2] - 85:2; 89:2
lying [1] - 42:22
Lynn [2] - 4:11, 14
M
M1 [1] - 106:7
ma'am [89] - 43:5, 12, 14, 17; 44:2, 4,
9, 15; 45:1, 8, 10, 12, 14; 46:4, 7;
49:15, 17; 59:21; 61:2; 62:16; 66:20;
67:1, 11, 25; 69:2, 4; 71:15, 19, 22, 24;
72:14, 20; 73:10, 24; 75:12, 15, 17;
76:2; 79:21; 80:14; 81:8, 12, 15; 86:5,
9, 13, 24; 87:3, 7, 15; 88:11; 89:20;
90:2, 9; 92:6; 93:19, 23, 25; 94:3, 8, 10,
13, 17, 22; 95:3, 6, 10, 19; 96:5, 20, 22;
97:8; 99:24; 102:15; 103:1, 8, 10, 21;
104:3, 16, 18; 107:24; 108:1, 3, 6, 12,
14, 17, 20
Ma'am [1] - 102:20
machine [1] - 106:8
Page 120 to 120 of 127
Maddow [1] - 18:11

magistrate [2] - 12:13, 15
magnifying [4] - 31:5, 7
mail [3] - 45:15, 21, 24
mailed [4] - 4:10; 17:20; 18:16; 19:16
main [1] - 106:7
major [2] - 10:6, 12
man [1] - 85:17
Mara [1] - 34:22
March [78] - 6:9, 12, 14; 16:1; 19:18;
20:2-5, 13, 17; 21:21; 22:2, 6-7, 10, 14,
16, 25; 23:4; 44:13, 16-18, 24; 45:15;
46:9, 11; 50:2; 53:25; 54:25; 55:14, 22;
57:16; 58:15; 59:2, 15, 19; 60:21; 63:7,
15; 65:2; 71:9, 17; 72:11, 16, 21; 73:25;
74:7; 75:7, 16; 83:25; 84:6; 85:9, 23;
86:1; 87:23, 25; 88:1, 10; 89:8; 91:17;
93:10; 95:1, 4, 8; 99:15; 103:2, 4, 7;
107:20, 25
marijuana [1] - 10:2
marine [1] - 13:12
mark [1] - 82:5
marked [4] - 32:11; 64:23; 66:3; 92:7
Martin [2] - 85:2; 89:2
masonry [2] - 74:16; 79:17
material [4] - 4:11, 23; 5:3, 11
materials [1] - 6:24
matter [8] - 5:4; 7:11; 57:18; 74:25;
78:1; 80:1; 82:11; 110:16
matters [4] - 3:14; 11:23; 17:4; 78:10
max [1] - 25:16
McGehee [2] - 34:25; 85:23
McKiernan [1] - 13:14
mean [20] - 4:3; 6:18; 15:13; 35:23;
41:8; 58:11; 60:10; 63:3; 68:13; 76:9;
81:6; 90:23; 91:6; 94:19; 97:23, 25;
101:4; 105:25; 106:18; 109:7
meaning [2] - 80:17; 103:23
meant [4] - 57:19; 85:12; 88:4; 97:9
meanwhile [1] - 53:18
media [5] - 18:14; 76:5, 8, 13; 86:1
meet [5] - 44:10; 46:11; 54:6; 95:8, 11
meeting [18] - 46:15, 21; 50:2, 11;
55:14; 71:9, 12, 20; 72:10, 16; 76:2;
96:21, 23; 103:16, 18; 104:6; 108:18
meetings [6] - 20:8, 16; 46:8, 10;
95:20; 96:16
members [1] - 9:25
memorialized [1] - 71:13
memory [4] - 34:16, 24; 35:2, 4
men [1] - 42:2
mens [1] - 34:6
mentioned [1] - 46:8
merging [1] - 76:22
message [1] - 18:22
met [9] - 17:16, 19; 19:9, 11; 20:18;
44:7; 46:12; 59:22; 84:9
metal [2] - 45:4, 7
Metro [4] - 26:9, 15, 19
09/02/2011 03:29:20 PM
121
Miami [1] - 8:13

Michael [3] - 34:13, 21; 43:10
microphone [1] - 106:17
microphones [2] - 76:11, 17
might [19] - 12:21; 16:20; 21:13; 26:4;
51:25; 52:13; 54:13; 61:18; 72:25;
74:15; 90:11; 91:24; 97:13, 15, 19;
98:18; 99:1
military [10] - 12:12, 15; 30:19; 41:22,
24-25; 42:3; 47:23; 71:21; 102:2
mind [3] - 51:6; 53:6; 74:24
minute [1] - 109:5
minutes [3] - 64:20; 65:11; 109:9
Miriam [2] - 34:13, 21
missing [1] - 82:25
mission [2] - 14:14; 16:25
mix [1] - 86:19
MLK [1] - 88:11
mobilized [1] - 16:16
mode [1] - 48:20
model [1] - 57:8
moment [5] - 16:6; 28:16; 61:6; 90:23;
92:13
money [1] - 36:6
mono [1] - 106:13
month [3] - 44:12; 94:25; 95:4
months [3] - 16:17; 17:3; 82:4
moot [1] - 5:21
MORNING [1] - 3:1
morning [13] - 3:2-4, 22-23; 8:3; 43:4;
55:25; 63:13; 77:6; 78:3; 85:17
MOS [1] - 9:22
most [4] - 7:11; 11:11; 54:19; 109:9
motion [3] - 7:8, 13; 64:2
motivate [1] - 95:17
motivated [1] - 85:4
motivation [1] - 38:5
Mountain [5] - 11:22; 12:8, 20; 13:5
mounting [1] - 74:25
mouth [1] - 91:21
move [6] - 7:9; 25:4; 37:21; 86:2;
105:16; 110:2
movement [1] - 54:15
movie [1] - 48:23
moviemaking [2] - 106:16
movies [1] - 106:10
moving [1] - 37:15
MR [183] - 3:3, 22; 4:25; 5:3, 7, 15, 21;
6:5, 7, 15; 7:2, 9, 15, 18, 20, 23; 8:2;
9:4; 10:16; 13:3; 14:21, 24; 15:22; 18:2;
19:23; 20:12, 15; 21:25; 22:3, 18; 23:1,
3; 24:3, 7, 14; 28:9, 12, 14, 20; 29:2,
11, 14; 30:3, 5, 7, 9, 14, 21; 31:4, 7, 11,
17, 22, 25; 32:14, 20; 33:1, 8, 10, 22;
34:3; 35:1, 4, 8-9; 36:16, 23; 37:2, 4;
38:3, 6, 17, 19; 39:4, 8, 12, 15; 40:4,
13, 22; 41:3, 6, 12, 16, 20; 42:15;
44:21; 47:25; 48:24; 50:4, 14, 19, 23;
51:4; 55:3; 56:10, 13; 57:21; 58:16;
09/02/2011 03:29:20 PM
60:16; 61:21; 63:12, 18; 65:5, 8, 18, 23;

66:9; 68:2, 11; 69:7, 20, 22, 25; 70:6, 8,
12, 17, 19, 24; 71:1, 4; 72:2; 73:3, 14;
74:3, 19; 76:7; 77:3, 22; 78:15, 23, 25;
79:6, 9, 12, 24; 80:17; 82:10, 22, 24;
84:15; 85:11, 15; 87:10; 88:3, 18;
89:17; 90:6, 8; 91:1, 12, 14, 20; 92:13,
18, 21, 24; 93:4, 12; 95:2; 98:4, 24;
99:1, 12; 100:19, 25; 101:10, 13;
102:11; 103:12, 25; 104:7; 105:1, 13,
15; 107:5, 8, 14; 109:2, 5, 11; 110:7
MS [160] - 3:4, 7, 11, 14; 4:1, 7, 10, 15,
17; 5:1, 8, 23; 6:6, 8, 17, 21, 24; 7:6;
10:7; 14:19; 15:8; 17:23; 20:10; 21:24;
22:1, 7, 12, 14, 20, 23; 28:23; 30:12,
17; 31:1, 23; 36:7; 37:1, 14, 21; 39:11,
13, 16, 22; 40:14; 41:13; 42:11; 43:3,
21, 24; 44:23; 48:2; 49:11; 50:10, 16;
51:1; 53:25; 54:24; 55:8; 56:11; 57:14,
25; 58:10, 14, 23-24; 59:6; 60:15, 23;
61:3, 11; 62:7; 63:6; 64:23; 65:3, 7, 11,
25; 66:13, 15, 18; 67:6, 16; 68:17, 21;
69:13, 15, 17; 70:10, 14; 71:3, 8; 72:6,
9; 73:8, 11, 19; 75:6; 76:23; 77:2, 16,
25; 78:7; 79:10, 14; 80:3, 8, 25; 81:19;
82:5, 13, 15, 23; 83:12, 18-19; 84:18;
85:14, 16, 21; 87:22; 88:9, 16; 89:4, 21,
25; 90:3, 19; 91:9, 13; 92:4, 7, 12; 93:1,
8, 15; 94:5, 24; 95:4, 7; 98:21; 99:3, 22;
100:21; 102:7, 12, 17, 23; 103:14;
104:5, 13; 105:10, 14, 19; 107:11, 16;
108:8, 23; 109:3, 20
MSNBC [2] - 18:4, 12
murder [2] - 10:13
must [2] - 26:16; 76:8
Myers [5] - 27:3; 78:1, 12, 21; 79:4
N
name [3] - 8:3, 5; 43:9
names [2] - 14:18; 34:10
narrating [1] - 35:18
national [1] - 18:11
Nazi [1] - 97:23
near [1] - 33:20
necessarily [2] - 85:2; 104:19
necessary [2] - 88:14, 24
necessity [1] - 109:21
need [11] - 16:6; 30:22; 32:7; 65:8, 20;
77:21; 98:11; 100:18; 109:8
needed [8] - 10:12; 18:17, 21; 24:23;
25:5; 61:4; 82:17, 20
needs [1] - 40:18
never [6] - 56:17; 61:22; 72:17; 99:7
New [3] - 12:1, 4; 36:16
new [5] - 14:3; 41:6; 103:9, 11, 15
newer [1] - 71:25
news [2] - 36:20; 109:6
next [8] - 10:17; 14:25; 29:16; 75:14;
Page 121 to 121 of 127
100:15; 106:7; 108:13; 109:18

night [1] - 5:17
noise [13] - 100:1, 4, 7, 10, 14, 23-24;
101:3, 5, 18; 106:3
noisy [2] - 106:6, 9
non [1] - 88:16
non-responsive [1] - 88:16
nonsubdued [1] - 27:19
nonviolence [8] - 21:16, 19; 23:25;
24:10, 21; 26:3; 72:19
nonviolent [4] - 21:6; 23:22; 24:12;
100:13
nonviolently [1] - 52:24
normal [1] - 25:2
Norman [1] - 65:20
North [1] - 57:4
notation [1] - 4:4
note [1] - 39:7
nothing [4] - 17:15; 19:17; 22:2; 83:9
notice [6] - 6:11; 40:11; 48:25; 82:7, 9;
107:2
noticed [2] - 26:20; 42:13
notion [1] - 37:25
November [13] - 25:8, 12, 21, 23; 27:3;
36:8; 47:18; 53:24; 54:3; 84:6, 13
Number [5] - 5:25; 32:11; 66:2; 79:19
number [3] - 42:18; 95:13; 105:13
numerous [1] - 14:10
O
O'Brien [1] - 52:6
Obama [8] - 18:19; 35:17, 21-22, 25;
37:6; 90:17
object [12] - 10:7; 30:18; 32:3; 40:14;
41:9; 58:16, 20-21; 63:19; 77:22; 85:15;
107:8
objected [1] - 73:16
Objection [1] - 22:1
objection [54] - 14:19; 15:8; 17:23;
20:10; 21:24; 28:23; 31:1; 36:7; 37:1,
14; 38:2; 44:21; 48:24; 50:4, 19; 51:4;
56:10; 60:16; 61:21; 63:12, 18; 65:4;
66:7, 10; 69:7; 72:2; 73:3; 74:3, 19;
76:7; 79:24; 80:17; 82:22; 85:11; 87:10;
88:3, 16, 22; 90:6; 91:1; 92:12; 98:4;
100:19; 103:12, 25; 105:1, 6, 13, 16;
107:5, 9
objectives [1] - 13:24
objects [1] - 40:16
obligation [1] - 11:14
obligations [1] - 11:24
observed [1] - 69:10
obtained [1] - 8:19
obviously [3] - 64:15; 68:3; 73:16
occasion [1] - 62:24
occur [2] - 42:8; 52:11
occurred [7] - 12:1; 22:16; 36:21; 54:6;
57:2; 63:17; 94:25
38 of 44 sheets
122
occurring [1] - 15:2

October [1] - 24:16
OF [4] - 8:1; 43:2; 111:6
offend [1] - 84:11
offense [2] - 22:18; 36:8
offer [2] - 5:24; 58:3
offered [1] - 37:22
office [2] - 5:11; 6:25
Officer [5] - 4:8, 11, 22, 25; 5:1
officer [13] - 5:1, 16; 8:25; 10:12;
11:13; 16:12; 20:24; 25:1; 67:8, 12, 24;
89:22
officers [10] - 58:2; 60:24; 61:14; 62:9;
64:7; 67:8; 86:16, 22; 94:16; 97:9
Official [1] - 110:18
officially [1] - 42:4
Ohio [8] - 8:6, 13, 20; 10:22; 29:10;
44:6
ol' [2] - 11:1, 20
old [3] - 40:8; 72:3
once [10] - 14:10; 16:18; 24:13; 32:18;
33:13; 58:17; 76:10; 86:10, 25; 87:5
one [53] - 7:10; 13:5, 17; 14:8; 16:17;
19:17; 24:1, 21; 26:13, 15; 31:10;
36:10; 42:12, 18; 44:18; 48:19; 50:3;
58:18; 60:18; 62:23; 63:25; 64:12, 15;
67:8; 68:3; 75:25; 76:8; 77:25; 79:21;
85:17, 19; 89:2, 8; 91:17, 25; 94:6;
95:14, 22, 25; 96:6, 8, 12, 18-19; 97:24;
102:14, 18; 104:15; 106:17; 109:5
ones [3] - 34:12; 56:15; 59:14
online [2] - 36:22; 37:17
opened [1] - 20:12
operation [4] - 12:3; 20:9, 22
Operation [1] - 12:10
operational [4] - 11:21; 12:7, 12; 13:17
Operations [1] - 9:14
operations [1] - 9:25
opinion [9] - 18:17; 27:4, 10; 46:5;
49:2; 58:17; 81:10
opportunity [1] - 4:21
orally [1] - 39:2
order [5] - 3:6; 9:4; 21:7; 78:18, 23
orders [2] - 35:10; 77:23
ordinance [1] - 49:20
ordinances [1] - 49:20
organization [3] - 36:3
organized [1] - 28:17
originating [1] - 84:23
ourselves [3] - 53:11; 56:20; 57:10
outcome [1] - 99:19
outside [2] - 36:7; 76:11
overly [1] - 63:15
overruled [8] - 15:9; 20:14; 37:3; 38:2;
51:5; 55:5; 105:6
Overruled [1] - 17:25
own [11] - 9:6; 11:10; 20:24; 26:11;
32:1; 33:24; 37:19; 38:23; 71:3; 74:24;
108:20
39 of 44 sheets
owners [1] - 11:12
P
p.m [3] - 92:22; 110:12
Page [1] - 111:4
pants [1] - 27:25
paralegal [3] - 66:5; 77:18; 93:10
parallel [2] - 33:2
park [3] - 30:24; 33:14; 61:14
Park [11] - 33:17; 86:11, 14-15, 17,
19-20; 87:4; 92:1; 103:7
parlance [1] - 36:10
part [22] - 12:3, 5; 13:22, 25; 14:2, 8;
21:7; 28:17; 36:19; 40:18, 25; 50:4, 6;
51:2; 55:13; 56:20, 22; 85:5; 88:13;
101:24; 105:11; 106:5
participate [1] - 99:5
participating [1] - 29:23
participation [2] - 25:17
particular [4] - 28:16; 55:15; 69:8;
102:1
parts [2] - 76:21; 101:23
pass [2] - 63:1, 17
passage [2] - 62:24; 63:10
passes [2] - 63:12, 18
passively [1] - 87:16
pattern [1] - 51:2
pause [1] - 93:16
paused [1] - 99:25
peace [1] - 97:4
pedestal [5] - 73:23; 83:17; 85:25;
89:11
pending [1] - 102:9
Pennsylvania [10] - 29:19; 30:24;
32:18, 23; 33:14, 16; 59:11, 23; 60:1;
85:24
people [49] - 16:7; 18:6; 20:12; 21:15;
24:22, 25; 25:5; 26:23; 28:6; 34:8;
35:18; 36:10, 12; 38:9; 41:3; 42:9, 13,
20; 46:13; 51:17, 25; 52:2; 58:13; 60:7;
75:22, 24; 76:2, 12, 14, 17; 84:25; 85:3,
6, 9, 19; 90:13; 100:15; 102:2, 25;
105:20, 23; 106:3; 107:12, 18, 22
per [1] - 105:25
perfectly [1] - 64:4
perimeter [2] - 62:9; 87:1
period [2] - 84:5, 23
permission [3] - 33:12; 65:19; 70:1
permit [3] - 82:17, 21; 83:7
permits [1] - 83:1
person [15] - 21:7, 17; 25:2, 7; 28:25;
46:10; 47:23; 55:19; 59:15; 85:3; 93:21;
94:2; 107:17; 108:11, 24
person's [1] - 25:2
personal [3] - 21:5; 72:18
personally [2] - 5:17; 21:12
perspective [1] - 97:20
persuading [1] - 84:25
Page 122 to 122 of 127
pertaining [3] - 11:23; 83:4; 89:2

pertains [1] - 83:1
PETE [1] - 43:11
Peter [1] - 43:11
phase [1] - 42:17
Phase [1] - 42:17
philosophical [1] - 54:20
phone [2] - 16:23; 46:10
photographer [1] - 76:21
photos [1] - 75:21
Photou [2] - 34:13, 21
physical [3] - 24:24; 47:16, 23
pick [1] - 106:17
Pietrangelo [21] - 6:5-7; 7:16; 8:5;
30:15; 43:10, 13, 22; 54:25; 64:25;
66:19; 67:7; 79:15; 91:11; 93:16; 99:23;
102:24; 105:20
PIETRANGELO [6] - 7:22; 8:1, 6; 43:2;
111:6
place [3] - 15:2; 74:10; 93:8
plain [1] - 26:22
plan [4] - 53:9; 56:21; 78:20; 95:11
planned [4] - 13:22; 56:23; 71:12, 15
planners [1] - 13:23
planning [5] - 12:3; 13:22, 25; 14:3;
72:16
plastic [1] - 42:19
play [10] - 6:21-23; 66:3, 15; 70:13;
77:17, 19; 93:7
played [13] - 66:17; 67:5; 68:20; 69:16;
70:6, 21; 93:14; 94:4, 23; 99:21;
102:22; 105:18; 108:7
player [1] - 66:4
pledge [3] - 21:16; 24:10; 26:3
plus [2] - 31:12
pocket [1] - 69:1
podium [1] - 39:13
point [52] - 4:5; 7:6; 14:13; 15:1; 16:2,
11; 27:14; 29:20; 30:17, 24; 31:1;
32:25; 38:19; 40:19; 43:18; 44:22;
53:11; 55:21; 56:17; 58:5; 62:13; 64:3;
67:20; 68:22; 69:6; 73:6; 75:12; 77:19;
78:14; 80:2; 86:21, 25; 87:3; 89:8; 90:1;
92:18; 99:2, 14; 100:1, 4; 102:11, 16;
105:8; 106:15, 17-18, 21; 108:3
Police [9] - 86:11, 14-15, 17, 19-20;
92:1; 103:7
police [22] - 23:24; 25:1; 30:24; 33:14;
54:15; 57:6; 58:2; 61:14; 62:8; 75:12;
86:22, 25; 87:5, 19; 89:6, 11, 22; 94:16;
97:9, 13; 100:15, 17
policies [1] - 41:1
policy [1] - 15:7
political [1] - 33:24
Polk [2] - 9:11, 15
pop [1] - 88:14
portico [1] - 102:2
portion [2] - 83:1; 92:9
position [1] - 42:22
09/02/2011 03:29:20 PM
123
possibility [1] - 99:17

possible [3] - 3:9; 23:19; 99:19
possibly [2] - 12:22; 61:18
power [1] - 53:3
practice [6] - 11:9, 11; 16:1, 5; 17:9;
23:17
practiced [2] - 8:24
practitioner [1] - 17:11
pray [1] - 101:14
predecessor [1] - 5:5
preferences [1] - 72:18
preliminary [1] - 3:14
premises [1] - 53:20
preoperational [2] - 20:8, 16
preparation [2] - 25:23; 26:1
prepare [1] - 26:4
prepared [1] - 23:21
preplanning [1] - 72:10
presence [3] - 39:20; 78:2; 104:1
present [9] - 37:11, 13-14; 61:1; 86:13;
96:13; 106:19
presented [1] - 38:2
President [8] - 18:19; 35:17, 21-22,
25; 36:22; 37:6; 90:17
president [4] - 36:25; 38:7; 87:18;
90:16
press [1] - 64:8
pressure [4] - 18:18; 37:6, 9
pretending [1] - 16:23
previous [4] - 24:19; 54:12; 59:13;
64:25
previously [7] - 38:24; 46:6; 66:5;
77:3; 92:8; 95:17
priest [1] - 28:19
primary [1] - 11:21
prisoners [1] - 13:20
private [2] - 46:12; 70:8
privately [1] - 69:25
problem [1] - 31:4
proceed [9] - 10:17; 58:22; 72:8; 74:8;
77:15, 24; 79:13; 85:20; 104:12
proceeded [1] - 29:20
proceedings [2] - 17:1; 110:16
process [3] - 12:6; 14:17; 42:17
processed [1] - 15:24
product [1] - 52:15
productive [1] - 78:18
proffer [1] - 109:21
prohibited [1] - 41:1
prohibits [1] - 41:23
prone [1] - 42:22
pronounce [1] - 43:8
prop [2] - 51:14; 88:25
property [1] - 11:12
prosecution [1] - 13:21
protect [1] - 14:14
protected [6] - 90:10; 97:13; 98:17;
99:10; 105:9
protest [2] - 47:8; 82:18
09/02/2011 03:29:20 PM
protested [1] - 48:11

protesting [3] - 56:8; 57:2
prove [1] - 7:10
proven [3] - 12:24; 13:1
provide [5] - 6:21; 38:22; 39:17; 65:7;
72:15
provided [9] - 4:13; 38:24; 65:5, 9;
66:5; 72:17; 92:8; 93:9
providing [1] - 84:24
public [2] - 21:21; 76:15
purchase [3] - 103:9, 11, 23
purchased [2] - 103:13; 105:7
purpose [2] - 45:24; 60:10
purposes [3] - 40:18; 81:15; 82:6
pursuant [2] - 42:9, 23
pushed [1] - 33:15
put [16] - 4:4; 30:3, 25; 32:15; 33:7;
39:2, 20; 41:13; 42:19; 57:1; 62:10;
69:22; 71:20; 86:25; 91:20; 103:20
puts [1] - 37:24
Q
quarter [1] - 78:5
questions [10] - 38:1; 42:6; 58:1, 3, 7;
76:15; 77:20; 79:17, 19; 80:4
quibbling [1] - 73:6
quiet [1] - 102:10
quote [1] - 45:25
quote-unquote [1] - 45:25
R
R-E-T-W-E-E-T-E-D [1] - 41:7
Rachel [1] - 18:11
radio [1] - 93:9
raise [1] - 24:13
raised [1] - 29:1
Randy [2] - 27:3; 78:1
range [1] - 26:24
rape [1] - 10:14
rarely [1] - 63:19
RDR [2] - 110:15, 18
RDR-CRR [1] - 110:15
rea [1] - 34:6
reach [2] - 75:2; 78:12
react [2] - 97:13, 15
reaction [1] - 25:2
read [16] - 32:7; 36:21; 41:14; 81:9-11,
13, 16, 21, 24; 82:1, 25; 83:3, 13, 16;
105:4
reading [4] - 31:12; 81:24; 82:16, 24
ready [6] - 56:8; 77:7; 78:25; 97:7;
110:1
real [2] - 26:10; 72:3
reality [2] - 47:21
realized [1] - 16:5
really [5] - 19:17; 20:25; 37:23; 79:3;
Page 123 to 123 of 127
87:21
reason [1] - 41:21
reasonable [3] - 7:10; 98:15, 18
reasoning [1] - 51:9
rebuild [1] - 14:6
rebuilding [1] - 14:4
rec [1] - 87:7
recalling [1] - 78:16
receive [2] - 97:1; 103:15
received [4] - 4:12; 5:3, 16; 35:21
recent [1] - 11:16
reception [1] - 40:8
recognize [1] - 27:8
recognized [1] - 27:10
recollection [11] - 34:14; 36:24; 37:5,
7; 61:17; 62:4; 67:24; 76:25; 81:12;
82:1; 83:8
reconstruction [1] - 15:1
record [30] - 4:3; 21:21; 31:23, 25;
34:14; 37:15; 38:19; 39:2, 7; 40:4,
17-19; 41:1, 15; 43:21; 57:25; 65:25;
69:24; 70:5, 8, 25; 72:7; 74:20; 92:16;
93:6, 9; 109:13, 24; 110:15
recorders [1] - 76:18
recording [1] - 24:6
Red [1] - 85:18
redeployed [1] - 15:3
reference [12] - 5:23; 22:7, 12; 36:12;
39:14; 41:2; 49:2; 83:24; 97:20; 99:4;
103:22
referred [1] - 84:20
referring [3] - 42:11; 84:12; 96:1
reflect [3] - 31:23, 25; 43:21
reflecting [1] - 40:17
reflex [5] - 24:24; 25:5, 8, 12; 42:25
reflexes [1] - 24:24
reflexively [1] - 25:3
refresh [5] - 37:7; 61:17; 62:3; 76:24;
81:25
refreshing [1] - 34:14
regard [1] - 72:19
regarding [3] - 35:17, 22; 46:19
regardless [1] - 82:20
regularly [1] - 18:6
regulation [8] - 81:9, 11, 15, 24-25;
82:16; 83:1, 7
regulations [3] - 81:3; 109:14
Regulations [1] - 81:6
rehearsal [2] - 96:9, 14
rehearse [1] - 96:16
rejects [1] - 85:1
rejoin [1] - 42:5
related [1] - 104:19
relatively [1] - 14:12
relax [1] - 42:21
release [1] - 79:11
released [2] - 6:13; 75:16
relevance [5] - 14:19; 15:8; 20:10;
48:24; 105:1
40 of 44 sheets
124
relevant [1] - 5:15

relief [1] - 12:2
religious [3] - 28:22; 29:3, 5
remain [2] - 24:12; 78:7
remaining [2] - 100:13
remarkable [2] - 36:9; 101:19
remarks [1] - 36:22
remember [17] - 24:5; 37:8; 44:16;
64:7-9, 12, 20; 68:1, 6, 25; 76:2; 95:13;
100:14, 16
remembered [1] - 24:18
removed [1] - 52:12
repeal [1] - 18:20
repeat [3] - 50:8; 98:10; 100:3
repeated [2] - 98:8, 11
repeatedly [2] - 98:14; 106:9
replay [2] - 67:21; 68:18
reported [1] - 37:18
REPORTER [1] - 81:18
reporter [4] - 76:21; 77:6; 101:7; 105:5
Reporter [2] - 105:4; 110:18
representation [1] - 38:13
request [2] - 92:19; 109:20
require [1] - 21:15
required [1] - 33:17
requirement [3] - 21:5; 25:17
research [1] - 21:12
researched [2] - 18:15; 80:24
researching [1] - 36:20
reserve [1] - 15:13
Reserve [1] - 8:19
reside [1] - 8:6
residence [2] - 8:4; 46:12
resist [1] - 25:6
resolve [2] - 3:15; 70:9
respect [6] - 68:12; 87:8; 90:17; 91:21;
101:10, 13
response [3] - 58:7; 80:6, 19
responsibility [1] - 24:10
responsible [1] - 11:22
responsive [1] - 88:16
rest [5] - 17:3; 33:15; 70:13; 79:1
restart [1] - 14:12
rested [1] - 7:7
restricting [1] - 98:7
rests [1] - 7:6
result [2] - 72:22; 106:11
resulted [1] - 39:1
retained [2] - 15:16; 17:2
retrieve [1] - 7:3
return [1] - 86:3
retweeted [2] - 41:3, 5
reviewing [2] - 36:20; 40:16
rewind [1] - 67:22
rewinding [1] - 68:18
Rights [1] - 36:1
rights [12] - 36:3, 12; 48:19; 49:6, 13,
18, 23; 51:19; 52:20; 104:21
risk [1] - 91:5
41 of 44 sheets
Rob [1] - 34:22

Robert [1] - 3:21
Robin [1] - 85:23
robin [1] - 34:25
rock [1] - 78:25
rockets [1] - 106:8
role [6] - 21:2; 83:23; 84:1, 22; 95:16;
103:22
roll [1] - 78:25
routes [1] - 13:25
rude [1] - 58:19
rule [1] - 88:19
rules [3] - 12:9; 13:19; 58:17
run [1] - 93:9
rush [1] - 11:15
S
S.W.A.T [2] - 86:19
safe [3] - 75:4; 83:17; 97:15
sake [1] - 52:17
Sarah [1] - 31:10
sat [1] - 57:4
saved [1] - 16:10
saw [9] - 9:14; 25:7; 34:17; 37:19;
38:12; 42:12; 75:8; 76:24; 81:25
schedule [1] - 78:17
scheduling [1] - 109:5
school [4] - 8:20; 10:20; 29:13; 44:1
School [1] - 29:6
schools [1] - 29:5
scope [1] - 36:8
Scott [3] - 34:22; 110:15, 18
screen [2] - 94:1; 96:4
sea [1] - 13:9
search [1] - 12:18
seat [1] - 33:25
seated [1] - 3:5
second [12] - 23:20; 24:1, 18; 26:2;
47:14; 50:5; 63:4; 69:20, 23; 88:24;
94:2; 106:15
secondary [1] - 12:11
Secret [4] - 86:17, 21; 109:13, 22
section [1] - 82:1
Section [1] - 82:8
secured [1] - 14:11
see [38] - 4:16; 7:4; 18:8, 10-11, 14;
22:25; 25:11; 30:12; 31:3, 10; 32:3, 11;
33:19; 36:14; 41:11; 52:22; 65:8, 14;
66:12, 14, 21; 67:7, 9; 69:10; 70:14, 20;
71:1; 74:6; 82:12; 88:20; 96:12; 100:11;
101:2; 108:11
seeing [2] - 31:4; 65:4
sees [1] - 49:6
sent [1] - 17:8
sentence [2] - 87:13; 91:2
separate [1] - 22:23
September [2] - 15:2; 42:5
Sergeant [1] - 27:5
Page 124 to 124 of 127
series [1] - 79:16

serve [1] - 9:23
served [2] - 9:14; 57:4
service [2] - 106:11; 109:15
Service [4] - 86:17, 21; 109:13, 22
SESSION [1] - 3:1
set [4] - 56:5; 62:9; 103:17; 108:20
several [5] - 10:2; 20:18; 58:1; 76:19;
86:22
Shalom [2] - 34:13, 21
share [1] - 16:9
Shield [1] - 9:14
shiny [1] - 27:19
shirt [3] - 11:3; 67:9; 108:10
shot [1] - 91:6
shout [1] - 70:11
Show [1] - 18:11
show [6] - 18:12; 30:10; 60:8; 66:1;
69:5, 8
showed [11] - 60:24; 61:1; 71:17;
86:11, 13, 22; 95:23; 96:1, 3, 6; 100:11
showing [1] - 103:19
shown [8] - 47:17; 79:18; 93:20; 94:12;
96:3; 102:12; 104:14; 108:4
shows [1] - 108:9
sic [3] - 20:5; 29:12; 81:16
side [1] - 29:19
sidewalk [19] - 33:17; 44:19; 47:11;
48:12; 73:2, 13, 17; 75:4; 79:23; 80:2,
7, 9, 12, 19; 81:14, 22; 82:18; 83:15;
92:10
sign [4] - 26:3; 47:17; 48:8, 11
signal [5] - 53:11; 56:19, 22
signed [1] - 21:17
signs [1] - 47:12
silence [1] - 101:20
silent [4] - 101:23
similar [3] - 23:8; 24:17; 28:2
simply [3] - 24:12; 42:24; 61:15
simultaneously [1] - 22:15
sit [3] - 34:2; 42:15; 57:5
sites [1] - 18:6
situation [3] - 21:13; 51:14; 97:22
six [3] - 26:17; 102:15
Skins [1] - 85:18
skulk [1] - 16:22
sleeved [1] - 67:9
slow [5] - 11:15; 26:7, 10; 36:5; 64:2
small [2] - 11:8; 14:9
Smith [1] - 34:22
solabic [1] - 106:13
soldier [6] - 9:10, 19, 21; 38:9; 91:4
solicitor [1] - 27:4
solo [2] - 11:10; 17:11
someone [8] - 16:20; 25:3; 56:19;
99:6; 103:16, 23; 104:6, 17
sometimes [1] - 47:21
somewhere [1] - 59:23
soon [3] - 42:4; 108:25; 110:1
09/02/2011 03:29:20 PM
125
sorry [41] - 4:14; 7:18; 8:7; 9:4; 20:3, 5;

22:3; 23:2; 24:1-4, 7; 26:10; 28:12;
29:4, 9; 31:16; 32:1; 34:19; 35:20;
39:11; 41:5; 42:15; 51:16; 60:14; 65:18;
66:5; 68:13; 71:5, 16; 81:18; 84:11;
90:8; 96:11; 98:11
sort [17] - 10:14; 13:6, 21, 23; 15:4;
16:7; 25:4; 27:24; 42:17; 64:1; 86:18;
87:16; 91:4; 98:12; 101:16; 106:13
sound [6] - 102:16; 106:13, 18, 23
sounds [3] - 106:19, 22
speaker [2] - 48:20; 87:16
speakerphone [4] - 62:19, 23; 63:8, 16
speakers [2] - 28:17; 35:19
speaking [23] - 21:18; 25:18; 26:2;
29:24; 33:14; 34:12; 35:11, 17; 46:2;
50:1; 54:4; 55:12; 56:24; 60:11; 62:2, 8;
64:9; 69:5; 75:25; 76:3; 87:18; 90:13;
97:8
special [1] - 13:10
specific [3] - 16:11; 81:23; 101:3
specifically [8] - 18:18; 21:16; 24:24;
27:12; 46:21, 24; 89:5; 106:4
specifics [1] - 20:20
specified [1] - 95:24
speech [33] - 18:22; 19:21; 20:21;
21:4; 23:21; 25:1; 35:25; 46:3; 48:21;
49:24; 51:15, 24; 52:9; 72:25; 73:1, 3,
9, 12; 74:1, 4; 75:19, 23; 88:4, 25;
90:10; 97:13; 98:17; 99:10; 100:12;
105:9
spelled [1] - 8:5
spent [1] - 11:11
spoken [2] - 61:14; 98:14
sporadically [1] - 17:11
spot [1] - 102:1
St [2] - 29:8, 10
stable [1] - 14:12
staff [1] - 38:20
stand [5] - 70:3; 71:4; 79:22; 93:21;
95:5
standards [1] - 21:11
standing [6] - 14:3; 26:20; 66:24;
79:18; 98:3
stars [1] - 13:15
start [4] - 26:10; 45:18, 20, 22
started [2] - 62:8; 78:2
startled [2] - 53:1; 88:5
state [5] - 8:3; 20:23; 50:17; 66:13;
73:7
statement [4] - 6:9, 14; 22:8; 63:11
statements [1] - 37:16
states [1] - 44:5
States [5] - 3:20; 38:8; 87:18; 90:16;
92:1
stateside [2] - 15:3
station [1] - 18:3
stationed [3] - 9:10; 12:15; 30:16
status [1] - 15:13
statute [1] - 49:20
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statutes [1] - 49:20

statutorily [1] - 49:22
stay [10] - 9:21; 16:25; 23:22; 33:16;
55:1, 9; 57:7; 58:8; 97:6
stayed [2] - 21:14; 29:17
step [1] - 30:7
stepped [2] - 73:20, 23
stepping [1] - 79:17
steps [2] - 18:19; 21:9
still [6] - 9:20; 15:3; 41:22; 53:22;
83:25; 96:3
sting [1] - 9:24
stipulating [1] - 6:2
stood [2] - 12:1; 75:18
stop [6] - 26:15; 53:3; 70:22; 90:16;
109:3
stopped [5] - 32:24; 33:5, 9; 71:3;
102:13
stops [1] - 26:16
Storm [1] - 9:14
story [2] - 17:20, 22
strangely [1] - 26:23
strategy [2] - 109:11, 16
street [4] - 33:16; 64:7; 86:15; 87:4
strike [2] - 37:15, 21
stuff [1] - 84:25
subject [1] - 99:4
submit [2] - 52:23; 54:17
subpoenaed [1] - 109:13
subsections [2] - 81:11, 23
subsequent [2] - 8:16; 64:9
subway [2] - 26:8; 29:15
suddenly [1] - 104:8
suffer [1] - 90:23
suffering [1] - 16:3
sufficiently [1] - 81:10
suggestion [1] - 109:16
suicide [1] - 10:14
suit [2] - 26:22
summons [4] - 22:5, 9, 14, 22
Summons [1] - 22:10
Superior [7] - 6:8, 13; 22:17; 75:11,
14, 19; 86:2
supplied [1] - 105:11
supplying [1] - 104:24
support [1] - 60:12
supposed [1] - 39:17
suppression [3] - 9:24; 10:5, 11
Supreme [2] - 52:8; 98:13
surveillance [1] - 10:3
Sustained [2] - 100:20; 107:15
sustained [2] - 105:16; 107:9
switched [1] - 11:7
sworn [1] - 3:10
SWORN [1] - 7:22
symbolized [1] - 88:23
system [3] - 14:13; 64:10; 98:12
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table [2] - 43:20; 65:19
tableau [2] - 102:1, 5
tagged [1] - 13:6
talks [1] - 29:15
tall [1] - 108:10
tanks [1] - 106:7
tape [6] - 62:10, 15; 76:17; 87:1; 94:6;
105:25
targeting [2] - 12:9; 13:20
tasking [1] - 14:13
team [8] - 9:24; 10:3, 5, 11; 14:9; 29:12
technical [2] - 40:7, 10
telephone [5] - 45:17-19, 22, 24
television [2] - 18:1, 3
ten [1] - 26:17
term [2] - 9:9; 10:19
terminology [1] - 71:25
terms [5] - 20:23; 24:21; 88:25; 97:15;
109:16
testified [3] - 72:24; 85:16; 99:18
testify [3] - 4:8; 72:14; 98:5
testimony [6] - 49:5; 64:25; 77:10;
83:20; 84:7, 19
theater [1] - 48:23
theatre [1] - 49:2
themselves [7] - 21:11; 24:23; 96:7;
97:2, 10; 104:20, 22
theoretically [3] - 47:9; 48:13, 16
thereafter [1] - 12:7
thereby [1] - 6:13
therefore [1] - 42:21
Thereupon [4] - 65:16; 77:13; 92:22;
110:12
thinking [5] - 47:14; 51:20, 22
third [7] - 13:7; 16:20; 57:21; 59:15;
68:2; 73:14; 89:17
Thomas [1] - 34:23
three [12] - 10:20; 11:14; 13:15; 15:10,
16; 42:17; 78:24; 87:5; 91:14; 95:15;
96:12, 16
three-phase [1] - 42:17
three-year [2] - 11:14; 15:10
throughout [1] - 84:5
tie [1] - 72:6
titled [1] - 32:10
today [4] - 6:1; 13:2; 27:15; 76:13
together [4] - 26:2; 39:21; 76:22; 84:8
tolerate [1] - 52:4
took [5] - 5:9; 11:12; 16:11; 57:6;
75:21
top [2] - 69:18; 98:13
total [3] - 9:12; 21:19; 100:7
totally [2] - 21:6; 25:6
touch [2] - 21:13; 25:2
touched [1] - 25:3
tour [5] - 9:13; 15:5, 10, 21; 16:9
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toward [1] - 54:15

towards [2] - 29:20; 60:1
tradition [2] - 42:8; 57:9
traditional [1] - 27:20
traffic [1] - 93:9
tragic [1] - 42:1
train [1] - 17:3
training [3] - 9:22; 16:17; 17:5
transcript [1] - 110:15
transferred [1] - 75:13
traveling [2] - 10:21; 32:23
Treasury [1] - 29:19
treat [1] - 13:20
trial [4] - 3:24; 28:13; 109:11, 25
tried [4] - 56:7; 70:9, 19; 74:22
trigger [1] - 72:25
troops [3] - 12:8, 10; 13:23
true [5] - 51:7; 58:12; 60:18; 97:22;
99:2
truth [1] - 37:22
try [2] - 40:20; 56:9
trying [5] - 42:15; 49:5; 70:12; 72:6;
84:11
turn [1] - 107:9
two [21] - 9:11; 16:17; 17:7; 19:25;
20:1; 22:23; 24:16; 44:6; 54:12; 64:19;
67:7; 78:9; 79:4; 85:13, 19; 94:6; 95:21;
96:12; 106:6; 109:6
type [3] - 11:10; 49:16; 83:23
types [1] - 84:2
typing [1] - 24:6
U
U.S [5] - 8:25; 9:9; 12:10, 21; 14:14
Ulmer [2] - 11:4, 6
ULMER [1] - 11:6
ultimate [1] - 53:9
ultimately [1] - 12:4
unbridled [1] - 49:23
unchain [3] - 53:8, 11; 54:16
unconscionably [1] - 77:6
unconstitutional [1] - 49:21
uncuff [2] - 53:17; 56:20
under [6] - 11:24; 17:1, 7; 52:5; 83:7;
91:5
undercover [2] - 9:24; 10:1
understandable [1] - 64:4
understood [5] - 21:19; 23:25; 24:9;
90:11; 91:23
unequivocally [1] - 58:7
unethical [2] - 58:17, 19
unhandcuff [10] - 55:10, 22; 56:9;
67:13, 17; 68:22; 69:3; 97:2, 10
unhandcuffed [2] - 56:3
unhandcuffing [1] - 55:17
unhooked [2] - 58:2
uniform [4] - 27:15, 20; 43:19; 67:12
uniforms [3] - 27:24; 67:8; 86:18
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unit [3] - 9:15; 13:7; 15:4

United [5] - 3:20; 38:8; 87:18; 90:16;
92:1
units [2] - 13:4, 6
University [2] - 8:13, 19
unlawful [1] - 98:3
unless [3] - 15:15; 77:23; 78:11
unquote [1] - 45:25
up [40] - 12:1; 14:3; 15:23; 16:10;
26:14, 18; 28:18; 30:3, 23, 25; 33:18;
39:20; 45:25; 47:3, 17; 50:3, 21; 57:8;
59:22; 60:13, 15, 24; 61:1; 62:9; 72:6;
73:20, 23; 76:12; 79:9, 17; 86:11, 13,
22, 25; 89:11; 106:18; 109:8
update [1] - 77:16
URL [3] - 38:21, 24; 39:6
utter [1] - 88:6
utterance [1] - 63:16
uttering [1] - 88:25
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vain [1] - 78:15
verbalizing [1] - 102:16
verbally [2] - 21:18; 26:4
Vermont [6] - 15:21, 25; 17:11, 13;
44:6
versus [4] - 3:20; 48:14; 83:14; 95:22
via [3] - 26:14; 45:15, 19
victim [1] - 15:6
victimization [1] - 42:2
video [19] - 6:3; 37:17; 38:12; 40:25;
42:7, 11; 61:16; 62:3; 67:19; 68:5; 69:5,
8-9; 73:14; 76:24; 102:12; 107:25;
108:4
videos [3] - 25:11; 40:12; 100:10
videotape [1] - 92:9
Videotape [12] - 66:17; 67:5; 68:20;
69:16; 70:21; 93:14; 94:4, 23; 99:21;
102:22; 105:18; 108:7
view [5] - 20:7; 39:10; 74:17; 80:2;
92:19
viewed [3] - 18:6; 40:15; 71:17
viewing [1] - 40:12
views [1] - 46:18
vigorously [1] - 58:20
violate [1] - 51:23
violated [1] - 52:2
violence [1] - 21:8
violent [1] - 106:10
vis--vis [1] - 18:11
vision [1] - 32:6
voice [1] - 46:5
voicing [1] - 46:18
volunteer [1] - 16:9
volunteered [5] - 9:16; 12:19; 13:6;
16:11, 16
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wait [4] - 61:21
waiting [1] - 76:17
waive [1] - 52:20
wake [1] - 52:10
walk [3] - 26:18; 76:11
walked [9] - 47:10, 17; 48:5; 59:10;
60:1; 73:12, 16; 74:11; 76:16
walking [5] - 26:23; 48:11; 73:2; 74:10
Wallace [3] - 98:10; 110:15, 18
wants [6] - 5:24; 21:23; 70:2; 71:1;
82:12; 105:2
war [10] - 11:23; 12:9; 13:2, 19-21;
16:2; 87:17
War [1] - 97:22
warning [1] - 102:18
warnings [7] - 62:17; 87:5; 89:6, 9-10,
22; 107:18
warrant [1] - 10:12
wars [1] - 106:7
Washington [3] - 19:20; 36:9, 14
watch [1] - 10:3
watching [3] - 69:17; 92:25; 94:15
ways [1] - 47:7
wearing [5] - 27:14, 17-18, 25
weather [1] - 110:8
Web [1] - 18:4
Website [4] - 38:23; 41:9, 13
week [1] - 45:23
weeks [5] - 19:25; 20:1, 4; 24:16;
25:21
welcome [2] - 28:13; 65:22
well-known [1] - 36:3
west [1] - 32:23
Western [1] - 8:19
whichever [1] - 74:23
White [79] - 18:21; 19:21; 20:19; 23:20;
25:1; 26:13, 16-17; 27:1, 13; 28:18;
29:18, 20; 32:5, 10; 33:4; 37:25; 44:19,
22, 24; 45:4, 6, 11; 46:2, 16, 25; 47:10;
48:5, 12, 14; 50:12, 18, 22; 51:11; 52:3;
53:2; 54:10; 59:2; 60:2, 11, 23; 61:5;
62:10; 64:2; 65:1; 66:24; 71:17; 73:2,
13, 17, 21; 75:7; 81:22; 82:18; 85:8, 22;
86:3, 7, 11, 22; 87:2; 89:15; 90:15;
92:10; 93:18; 95:18, 21; 102:2, 4;
103:3; 104:20
white [3] - 11:3; 26:20; 108:10
whole [4] - 34:6; 71:1; 79:1; 84:5
Wi [3] - 39:25; 40:3, 8
Wi-Fi [3] - 39:25; 40:3, 8
willing [12] - 42:6; 52:14, 16; 55:9;
57:15, 17; 90:20, 22; 91:5, 10; 97:11
winningest [1] - 29:12
wish [2] - 7:3, 12
wishes [1] - 21:22
withdrawn [2] - 17:15; 38:17
witness [7] - 3:9; 30:7; 31:2, 24; 79:8;
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WITNESS [121] - 7:22; 10:11; 13:4;
14:20; 15:10, 15, 18, 20; 17:24; 18:1;
24:9; 27:16, 18, 22; 28:4, 6; 29:1, 10,
12; 31:6, 14, 20; 32:4, 10, 17, 24;
33:13, 20; 34:25; 35:6; 36:13, 19;
37:17, 20; 38:4; 42:24; 48:1; 49:7, 9;
50:8, 25; 51:8, 12, 22; 52:7, 13, 16, 19,
25; 53:5, 13, 17, 21; 54:1, 4, 8, 11, 18,
22; 55:7; 56:22; 57:12, 24; 59:5; 60:14,
20, 22; 61:1, 6, 9; 62:1, 5; 63:4, 22, 24;
64:6, 14, 17, 20; 67:15; 68:5, 8, 14;
69:12; 73:18; 74:9, 12, 15; 75:1, 3;
76:19; 77:11; 80:21, 24; 83:3, 8; 87:15;
88:8, 23; 89:20; 90:1, 9; 91:3, 23; 92:2,
6; 95:3; 98:9, 11; 99:18; 101:6, 9, 16,
22; 102:4, 15; 103:13; 104:3, 11; 105:7;
110:11
witnesses [3] - 3:12; 56:14; 78:24
WMD [1] - 12:22
woman [4] - 26:20; 27:8; 29:17
women [1] - 42:2
Wooledge [1] - 34:23
word [9] - 20:24; 23:15; 34:6; 35:11;
41:6; 63:16; 74:22; 88:22
words [13] - 9:6; 20:24; 26:11; 33:12,
24; 36:25; 37:6; 40:23; 42:13; 52:1;
88:7, 21; 91:20
World [1] - 97:22
worry [1] - 24:8
worse [1] - 31:19
wounded [1] - 91:6
writing [2] - 37:18; 41:14
written [3] - 21:16; 32:12; 35:23
Z
zone [7] - 87:17, 20-21; 89:10; 100:6,
9, 14
Y
y'all [4] - 85:12, 18, 22
yards [1] - 33:3
year [9] - 3:19; 8:8, 21; 9:9; 10:19;
11:7, 14; 15:10; 82:4
years [7] - 9:11; 10:20; 15:16; 22:24;
58:19
yell [1] - 48:22
yellow [2] - 62:10; 87:1
yesterday [2] - 4:8, 19
York [2] - 12:1, 4
Yorkers [1] - 36:16
yourself [20] - 10:1; 23:15; 44:24;
46:25; 48:14, 17; 51:10; 52:10; 53:2;
54:10; 55:10, 22; 60:19; 61:13; 68:22;
86:10; 98:7; 99:16; 104:23, 25
yourselves [6] - 44:19; 50:12; 53:8;
54:16; 86:7; 95:21
YouTube [7] - 6:3; 38:21, 25; 40:11;
41:9; 64:24; 77:17
YouTube's [1] - 41:1
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3

UNITED STATES OF AMERICA

For the Defendant:

Angela S. George, Assistant U.S.

MORNING SESSION, AUGUST 30, 2011

THE COURT: Good m orning.

MR. FELD MAN: Good m orning, Your Honor.

MS. GEORGE: Good m orning, Your Honor.

THE COURTROOM CLERK: Please be seated, everyone, and com e

THE COURT: Oh.

MS. GEORGE: I just had som e prelim inary m atters to

THE COURTROOM CLERK: I'll go ahead and call the case.

THE COURT: Sure. Thank you.

10-799-M , United States versus Lieutenant Daniel Choi. Angela

THE COURT: Good m orning.

THE COURTROOM CLERK: This is a crim inal trial, day 2.

THE COURT: Yes, Ms. George.

THE COURT: Is it possible to get your w itness in here to

THE COURTROOM CLERK: This is crim inal case year 2010,

M R. FELDM AN: Good m orning, Your Honor.

Scott L. Wallace, RDR, CRR, Official Court Reporter

Scott L. Wallace, RDR, CRR, Official Court Reporter

exhibits that have been introduced into evidence, and the

Room 6503, U.S. Courthouse

W ashington, D.C. 20001

list, Your Honor, at this point in tim e.

Court Reporter:Scott L. W allace, RDR, CRR

Proceedings reported by m achine shorthand, transcript produced

THE COURT: Thank you so m uch.

MS. GEORGE: And I think on August 12th I e-m ailed

that he had those docum ents because I provided them --

THE COURT: I'm sorry, who is Mr. Lynn?

MS. GEORGE: Defense counsel's form er counsel.

THE COURT: Oh, I see.

MS. GEORGE: At the tim e when I delivered discovery as

well as Jencks on August 12th. So I m ade the assum ption

yesterday he had -- I didn't give it to him because I m ade that

THE COURT: Thank you. Yes.

MR. FELD MAN: Um , I'm done with Officer Easter.

THE COURT: Yes.

Scott L. Wallace, RDR, CRR, Official Court Reporter

Scott L. Wallace, RDR, CRR, Official Court Reporter

MS. GEORGE: Your Honor, I confirm ed with Ms. Coln the

MS. GEORGE: Not officer Easter, Officer Fermaint. That's

the hearing officer.

MR. FELDMAN: Yes. I received no Jencks material and, as

THE COURT: Well, where is your predecessor counsel?

Didn't he get you the file?

MR. FELDMAN: Yes.

MS. GEORGE: And Your Honor, I was -- that's why I was a

file that I brought, that I thought I brought over. I had a copy

of material for Mr. Feldman. I apparently left it on my office

desk. I apologize for that, but I believe I have extra copies

here. I can give it to him.

THE COURT: Please do so.

MR. FELDMAN: Let me tell you what's relevant about that.

I received a very courteous call from the officer in question

THE COURT: Okay.

MR. FELDMAN: So the issue is moot, Judge.