Judge: I overrule the Government's objection.
AUSA Smyser: In closing we will be making this argument.
Judge: Absolutely. Sexual services can count as labor under the statute.

Judge: Just to move this along, because it is getting late, I will add reference to the forced labor statute.
On the other, I am including a mens rea requirement, in light of the vagueness challenge.
Combs' Shapiro: We think that insufficient

Judge: The Government is going to argue full throatedly that there was knowledge, mens rea.
Combs' Shapiro: This offense was not in the initial indictment. We are not required to object to the US' request to charge.

Combs' Shapiro: If the government is now changing what they are going to argue with respect to the d****, the jurors will notice it - it should be addressed.
Judge: I agree.

AUSA: In Wexler the sentence about the buyer - seller exception, it should be construed narrowly
Combs' Shapiro: That's the context here.
Judge: I'm going to reserve on this, the buyer - seller exception to conspiracy to distribute drugs

Judge: Any objections on the special sentencing factor?
No. No.
Judge: So Counts 2 and 4. We're almost almost to the finish line.
Combs' Shapiro: The court has added that there is no requirement that a s***act be performed. We object

Combs' Shapiro: The "to wit" clause of counts 2 and 4, the US used that to trigger the 15 year minimum, and to detain Mr. Combs, alleged that these victims engage in commercial s***acts, as did the Enterprise letters. So this would be a constructive amendment

Combs' Shapiro: The March 10 Enterprise letter said they would provide commercial s***acts.
Judge: The Government is going to be arguing that commercial s***acts occurred. What do we do here?
AUSA: This is blown out of proportion. We're not bound by to wit clauses

AUSA Smyster: There may be particular days the jury finds that the acts were not completed - like when Jane testified that an escort was sent away - that's why we propose this instruction. We listed the dates in the Enterprise letter.

Combs' Shapiro: We're not conceding on the statute - the 15 year minimum only applies if it is triggered. A(1) doesn't require force, fraud or coercion necessarily. This is a due process issue. Attempt is already captured here

Combs' Shapiro: This is very unfair
Judge: I am asking you for cases. We need to move on.
Shapiro: I will email you cases
Judge: I don't need any further submissions, You'll have the final charge tonight.
AUSA: There's no constructive amendment

AUSA Smyser: In the Inter-Continental there was force and then no completed s***act. We charged it as s***trafficking. So they have been on notice.
Combs' Shapiro: They maintain in the Inter-Continental there was a freak-off going on, a s***act.

Judge: I'm going to take the paragraph out as argumentative
AUSA: I have some suggested edits. Jane and Cassie both said they did their first freak-off to make their partner happy. That doesn't mean it can't later become s***trafficking

Combs' Shapiro: The best solution is to delete.
Judge: I'll remove it.
AUSA: Initial consent does not preclude a finding of s***trafficking.
Judge: I'll add that
Combs' Shapiro: Then add, that initial acquiescence may be considered as to defendant's knowledge

Judge: We've got to keep moving here.
Combs' Shapiro: We need balancing language-
Judge: That's the balancing language.
Judge: I'm going to use the modified language I proposed.
Combs' Driscoll: May I be heard?
Judge: Ten minute recess. I need to think.
[break]

6:48 pm
Judge: We're back on the record. I'm going to leave it, the parties are free to make their arguments in closing.

Anything else?

Combs' Shapiro: The charge is suppose to capture that the defendant has to take step to avoid learning that coercion is used

Judge: I'm removing a sentence.
Combs' Shapiro: The next sentence too.
Judge: No, that's a restatement.
Combs' Shapiro: I just wanted to preserve my objection.
Judge: Unanimity instruction - Government?
AUSA: As to at least one instance of s***trafficking

Judge: Counts 3 and 5. Anything from the US?
AUSA Smyser: Yes, we'd like it to refer to an act of prostitution - the person traveling does not have to be a commercial s***worker.
Combs' Shapiro: Those words aren't in the statute
Judge: I'm making the change

AUSA: A problem is the sentence about scrutinize closely - the use immunity given here, different from transactional immunity, they are not trying to win their own freedom by helping to convict another.

AUSA: And on implicit bias, we propose that it be shorter. At line 15 it draws attention to bias, and may increase tensions among the jurors.
Judge: I'll remove that.
AUSA: 2 cases to put on the record, US 554 F.3d 230 (2d Cir 2008) and 316 F. App. 54

Combs' Shapiro: We'd prefer that the word Government not be capitalized.
Judge: So it's government. Find and replace
Combs' Shapiro: To avoid the problem of headings misleading jurors, let's cut them. Plus I want to preserve this, we incorporate in all our filings

Judge: Anything further?
No. No.
Judge: We will get you the final charge tonight. See you tomorrow morning.
Combs' Shapiro: For Mr. Agnifilo, he doesn't believe he will take more than three hours but he'd prefer to start Friday morning. If the rebuttal is an hour

AUSA: We object. It would waste the jury's time to come in for a partial day. July 4 is looming.
Combs' Shapiro: He could shorten it if it were Friday (laughs)
Judge: Ending early Thursday would run us more up against July 4

Combs' Shapiro: Mr. Agnifilo is lead counsel and would prefer to do it this way.
AUSA: We are concerned this is gamesmanship, to give them more time to consider our summation
Shapiro: We think jurors are tired after lunch

Judge: The defense is making the application - I think it's fine for Mr. Agnifilo to start on Friday morning. AUSA, you could start later.
AUSA: For Ms. Slavik, 10 am. Two hours, lunch, then two more hours.
Judge: Fine.
[Adjourned]

That's it for today

Trial has started

9:37 am it begins:
Judge: Good morning. We emailed the charge to the parties but there are still some times Government is capitalized, we'll change that and an instruction about witnesses.

There should be no disruptions during closings

Judge: All tell the jurors that it will be a shorter today today, longer tomorrow and then during deliberations it will be up to them.
USA: Ms. Slavik will be here at 10 to deliver the closing.
Combs' Alexandra Shapiro: There are some italics we want out.
OK

10:02 am
Judge: While we wait, Ms. Comey, do we have the laptop ready?
AUSA Maurene Comey: I'll defer to Ms. Geragos.
Combs' Teny Geragos: We'll have it ready tomorrow.
Judge: With only the admitted exhibits. I'll ask tomorrow.

Judge: Let's get our jury.
All rise!
[Jurors entering]
Judge: Give your attention to the parties' closing arguments. Today will be shorter, the US closings. Tomorrow, the defense, the rebuttal, my instructions and begin deliberations, the jurors who will stay.