Welcome to Introducing the Federal Courts, the Federal Judicial Center's orientation series for court employees. This is program two of the series, How Criminal Cases Move Through the District Courts. It's designed to help you become familiar with basic procedures involved in processing criminal cases in the federal district courts. Part two, Pre-Trial Proceedings. In this segment, we'll discuss what happens in a criminal case between the time the defendant first appears in court and when the case goes to trial. In fact, most criminal cases, about nine out of 10, never get to trial because they get disposed of in this so-called pre-trial period. A number of important events often call pre-trial matters occur during this time. The federal rules of criminal procedure and our hypothetical drug case will again provide the context for our discussion. Let's review what's happened in Angela Smith's case thus far. In our first segment, defendant Smith was arrested for selling some cocaine to Agent Brown of the Drug Enforcement Administration. Another suspect, Michael Jones, drove away from the crime scene. While Smith was being processed by the Marshals, Agent Brown discussed the case with Assistant United States Attorney Rhonda Johnson. Johnson decided to file formal criminal charges against Smith. With Agent Brown's assistance, Johnson then drafted a complaint and affidavit against Angela Smith. The complaint and affidavit, required by federal rules of criminal procedure three and four, will be filed at Smith's initial appearance before a magistrate. Meanwhile, Smith was interviewed by her attorney, federal public defender Jack Lee, in the cell block. The stage is now set for Angela Smith's initial appearance before the magistrate. The defendant's initial appearance is governed by rule five of the federal rules of criminal procedure. How's the situations? Great. We're talking about here, so now we can proceed. I'll arise in the presence of the court. Of course, when the clerk uses the term the court, she is referring to the magistrate presiding over the case. Ordinarily, when we say the court will do something, for example, the court will issue an order, we are also referring to a judge or a magistrate. Good morning. Will counsel please identify themselves for the record? Good morning, Your Honor. Assistant United States Attorney, Rhonda Johnson for the United States. Jack Lee on behalf of Ms. Smith, Your Honor. Good morning. State your name for the record, please, ma'am. Angela Smith. Would the deputy clerk please administer the oath to Ms. Smith? Do you solemnly swear to tell the truth, the whole truth and nothing but the truth to help you God? I do. Ms. Smith, let me advise you that you are not required to make any statement in connection with this matter. Even if you've made a statement, you need not say anything more to anyone about this case, other than to your attorney, of course. Now, if you start to make a statement to anyone, you have the right to stop at any time. Any statement made by you can be used against you. Do you understand those rights, ma'am? Yes, Your Honor. Have you had an opportunity to speak with Mr. Lee about this case? Yes. Now, Ms. Smith, as you know, I've reviewed your financial affidavit and I've appointed Mr. Lee to be your counsel to represent you under the Criminal Justice Act. But I want you to know that you have a right to employ counsel of your own choosing if you can afford it. I understand. I'm gonna stick with Mr. Lee. Very well. Ms. Johnson, do you have a matter for the court to consider? Yes, Your Honor. The United States has filed a complaint and affidavit against Ms. Smith on this matter. Now, Ms. Smith, you've been brought before me today because the United States Attorney has charged you with a violation of law to width distribution of cocaine, a control substance in violation of Title 21, Section 841 of the Code. Now, the purpose of this hearing is not to decide your guilt or innocence, but to advise you of your rights and to make some preliminary decisions about bail. Now, I've read the complaint and affidavit filed by the United States in this matter and I find probable cause to believe that Ms. Smith committed the offense of distribution of a control substance, that is, cocaine. Ms. Smith, you have a right to what is called a preliminary hearing in this case, since it is a felony case. Now, at the preliminary hearing, the government must present evidence that there is probable cause to believe that the offense of distribution of cocaine was committed and that you committed it. Mr. Lee, does your client wish a preliminary examination? She does, Your Honor. Very well. We'll pick a date in just a minute. Let's consider the matter of bail first. Now, I've reviewed the pre-trial services agency report and I'd like to hear from the government first. Ms. Johnson, does the United States wish to move for a detention under 18 USC sections 3142D or F? Your Honor, at this time, the government moves for the pre-trial detention of Ms. Smith, pursuant to the Bail Reform Act, 18 USC section 3142F. As the magistrate noted, the final matter to be addressed under Rule 5 is the question whether Smith will be released or detained pending her trial. In complying with this portion of Rule 5, the magistrate must apply the provisions of the Bail Reform Act of 1984, contained in Title 18 of the U.S. Code. The Bail Reform Act requires that every accused person be released without posting bail or meeting special conditions, unless the judicial officer finds that the defendant is likely to flee, endanger the safety of any other person, or endanger the community. A judicial officer can also release the defendant subject to one or more conditions designed to assure the defendant's appearance at trial, the safety of others, and the safety of the community. For example, a magistrate may order the defendant to comply with the following conditions among others if released pre-trial. The defendant may be ordered to remain in the custody of another person, obey restrictions on travel, personal associations, or residence, seek or maintain employment, or enroll in an educational program, avoid contact with alleged victims of the crime and potential government witnesses, or to post bail to be forfeited upon failure to appear in court as required. With respect to posting bail, the Bail Reform Act does not allow a judicial officer to set a defendant's bond so high that the defendant cannot afford to post it. If that occurred, the defendant would be unable to post bond for financial reasons and would have to remain in jail pre-trial. To prevent this, the act states that the court may not impose a financial condition that results in the pre-trial incarceration of the defendant. A defendant who has released pre-trial must comply with all the conditions of release imposed by the court, or be prepared to face serious consequences. Sir, I'm ordering your release pre-trial subject to the conditions I've just gone over with you. Let me further advise you that if you do not appear in this court as required, you will be committing a separate crime for which you may also be sentenced to a period of imprisonment. Yes, sir. And if you violate any condition of your release, a warrant for your arrest may be issued and you may be jailed until your trial, and you may also be prosecuted for contempt of court. Now, be advised that if you commit a crime while released prior to your trial that you... When a defendant is released before trial on conditions, the court executes a bond form and gives a copy to the defendant. You have a copy of such a form in your written materials. If you take a look at it, you'll notice that the form sets forth all pre-trial release conditions imposed on the defendant. And on the back of the form, the consequences of not complying with the conditions of release are also listed for the defendant to read. If the case involves an arrestee who is charged with a serious felony, the magistrate may hold a hearing called a detention hearing. Detention hearings are held in cases involving defendants who are charged with crimes of violence or have a serious record of prior convictions or pose a serious risk of flight or obstructing justice, or, like defendant Smith, face a maximum term of imprisonment of 10 years or more in a drug case. The purpose of the detention hearing is to decide whether any of the pre-trial release conditions we've discussed is reasonably likely to ensure that the defendant will not flee instead of reporting to court and to ensure the defendant won't harm others while out on bond. If, after holding the hearing, the magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the magistrate can order the defendant detained without bail pending trial. In other words, the defendant may be detained before trial on three separate grounds. First, if the risk of the defendant's flight is too great, that is, when the magistrate finds that no condition or combination of conditions will reasonably assure the defendant's appearance in court. Second, if the defendant's release pre-trial will pose too great a risk of danger to another person, that is, when the magistrate finds that no condition or combination of conditions will reasonably assure the safety of another person. And third, when the magistrate finds that no condition or combination of conditions will reasonably assure the safety of the community. Note, however, that the government bears a higher burden of proof when it seeks detention on grounds that no condition will reasonably assure the safety of other persons or the community. Such a finding really requires the magistrate to predict the defendant's future behavior, to predict, in other words, that the defendant's behavior may pose a danger to the community if he or she is released. Thus, the magistrate must be convinced by clear and convincing evidence, a rather heavy burden of proof, that the defendant's release will pose such a danger. Let's see what happens in Angela Smith's case. Very well, Mr. Lee. Your Honor, we would ask for a continuance to allow us to prepare for the hearing. Now, does the government take any position on the defendant's request for a continuance of the detention hearing? No, Your Honor. All right, then. On the statute, the detention hearing cannot be continued for more than five days without a showing of good cause. So I will set the hearing date for five days from now if you have no objection, Mr. Lee. Very well. Now, Ms. Smith, I realize that you have no prior record of convictions and looking at your pre-trial services report, I also see that you have very strong ties to the community. But this court must detain you under the Bail Reform Act at least until the date of your detention hearing. And as Mr. Lee can tell you, the offense that you've been charged with carries a maximum sentence of 40 years upon conviction. I've already discussed that with Ms. Smith, Your Honor. That means that there is a statutory presumption that the court must apply at your detention hearing subject to rebuttal by the defense. I must presume that no condition or combination of conditions will reasonably assure your appearance in court and the safety of the community, which of course is a reasonable presumption to make in a serious drug case like this. That's if I also find, of course, that there's probable cause to believe that you committed this offense. At the detention hearing, the government will call one of the agents who worked on the case against Smith to testify that she distributed 540 grams of cocaine. Smith will then have a chance through Attorney Lee to cross-examine the agent and any other government witnesses at the hearing. She also has a right to testify and to present witnesses or evidence on her behalf. For instance, the magistrate just mentioned the presumption under the Bail Reform Act that in drug cases with potential sentences of 10 years or more, there are no conditions of release which will reasonably assure the defendant's appearance for trial or the safety of others and the community. But that presumption can be overcome under the statute. In other words, the defendant can present information at the detention hearing, which rebuts that presumption and puts the ball back in the government's court, so to speak. So, Ms. Smith, I'm sure you can see why Mr. Lee has requested a continuance in order to give him time to prepare for your detention hearing. It's a very important hearing. Now let's set a date for the preliminary examination. Council, how? Let's review what happened to Smith at her initial appearance. First, the magistrate informed Smith of the charge against her and of her right to the assistance of counsel. Since Smith is an indigent defendant, arrangements were made to have a federal public defender represent her under the Criminal Justice Act. Smith was also told that she has a right to remain silent. That is, that she is not required to make any statement and any statement she does make can be used against her. And Smith was informed of her right to a preliminary examination. Finally, Angela Smith was incarcerated pending her detention hearing under the provisions of the Bail Reform Act. What happens next? Let's say that after Smith's initial appearance, Assistant US Attorney Johnson and Agent Brown return to Johnson's office where they draft a complaint and affidavit against Michael Jones. Their purpose in preparing these documents is to obtain an arrest warrant for Jones. Smith was arrested without a warrant because no warrant is required when the agents actually see a person committing a criminal offense and arrest the person at the crime scene. But the situation is different with respect to Jones since he wasn't apprehended during commission of the crime. Now that Agent Brown can identify him as the person who drove the van, however, the government is in a position to seek a warrant for Jones' arrest. Rule four of the federal rule states that if it appears from the complaint or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it. A warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Notice that rule four requires that a magistrate sign the arrest warrant. The decision to issue an arrest warrant allowing a law enforcement officer to take a person into custody is a very important one with far reaching consequences for an individual's liberty. The constitution therefore requires that it be made by a neutral official, that is a magistrate, rather than by an interested law enforcement officer like Johnson or Brown. In addition, rule four embodies the constitutional requirement that no warrants shall issue but upon probable cause supported by oath or affirmation. This requirement is found in the fourth amendment to the constitution. The magistrate will therefore sign the arrest warrant for Jones only when satisfied that the facts presented in the complaint against Jones together with the facts in Brown's affidavit in support of the warrant for his arrest established probable cause. That is probable cause to believe that a crime was committed and that Michael Jones committed it. This means that after the complaint in affidavit for Jones have been drafted, Johnson and Brown must present them to the magistrate and ask the magistrate to issue a warrant for Jones's arrest. Notice that Brown chooses to appear before the magistrate in chambers because time is of the essence and Brown knows that magistrates sitting in court have many other matters to handle. The magistrate will examine the affidavit to see that it identifies the particular person to be seized, in this case, Michael Jones. And the particular offense Jones is charged with. If the warrant meets these requirements of rule four and the US constitution and Brown swears that the facts contained in the affidavit and complaint against Jones are true, the magistrate will sign the warrant. In signing the warrant, the magistrate also orders the US Marshal to arrest Jones and bring him forthwith before the nearest available judicial officer. As we'll see, Michael Jones will soon be arrested and his case will be prosecuted together with Angela Smith's case. A copy of the arrest warrant signed by the magistrate in Jones' case, including the affidavit in support of the warrant, is included in your materials. You might wanna read it over during the break. Let's focus now upon the preliminary examination mentioned by the magistrate. The preliminary examination takes the form of a hearing at which witnesses give evidence by testifying. It is required by rule 5.1 of the federal rules of criminal procedure. The defendant is entitled to a preliminary examination when charged with a felony offense which will be tried by a judge of the district court. Federal criminal rule 5.1 requires that a preliminary examination be held within 10 days of the initial appearance if the defendant is detained and within 20 days of the initial appearance if the defendant is released on bond. The purpose of the preliminary examination is to determine whether there is justification for holding the defendant while he or she is in custody or on bail for further court proceedings. The court will continue to hold the defendant if the government proves there is probable cause to believe that a federal crime has been committed and that the defendant did it. Rule 5.1 states that if the government's evidence at the preliminary hearing does not establish a probable cause to believe a crime has been committed and that the defendant committed it, the complaint must be dismissed. In that event, the defendant must also be released. That's because our constitution requires that when a person loses his or her liberty following an arrest, there must be a prompt judicial determination that there is probable cause to believe the person has committed an offense. As a practical matter, preliminary examinations are not held very often. This is because of another player in the process, the grand jury. The grand jury usually decides the probable cause issue before the defendant's preliminary examination is held. The basic purpose of the grand jury is to decide whether there is probable cause to require a defendant to stand trial on the pending charges. If the grand jury decides there is probable cause, it returns an indictment against the defendant. When the grand jury does this prior to the scheduled preliminary hearing date, there is no longer any need to hold the examination since a finding of probable cause has already been made. The case then proceeds directly to arraignment. In our hypothetical case, we'll say that the magistrate found probable cause at Smith's preliminary examination. And for practical purposes, Smith's preliminary examination and detention hearing were combined in one court hearing. Smith therefore remains detained pre-trial. Let's also say that right after Smith's preliminary examination and detention hearing are held, Jones is arrested in the apartment he shares with his roommate, Lawrence Green. Green is not present when Jones is arrested, but he hears about the arrest later from a friend. At the time of the arrest, DEA agents seized two kilograms of cocaine from the apartment, about 10 feet from where Jones was standing. The cocaine had been placed in a large metal cookie tin. However, since the lid was not fully on the tin, one of the agents saw the cocaine while making the arrest. Following his arrest, Jones appeared before a magistrate for an initial appearance similar to Smith's. Jones is represented by attorney Christine Harrison, a former federal public defender now in private practice. At the initial hearing, Jones requests a preliminary examination. But remember, we said that a defendant is not entitled to a preliminary examination if the grand jury returns an indictment before the examination is held. Let's assume that shortly after Jones's arrest, the government presents its evidence against both Smith and Jones to the grand jury. In other words, the government presents its evidence against both defendants to the grand jury at the same time, which is easy to do since the same agents are involved in both cases. The grand jury then returns indictments against both Smith and Jones prior to the date set by the magistrate for Jones's preliminary examination. Since the grand jury has already found probable cause in Jones's case, he is not entitled to a preliminary examination. At this point, you may be asking yourself, what exactly is a grand jury? Why is it required? What is an indictment? And how does the grand jury decide whether or not to return an indictment? These are important questions. Rules six and seven of the federal rules of criminal procedure, govern indictments and proceedings before the grand jury, and we'll discuss them in a moment. But first, you should know that the Fifth Amendment to the Constitution states that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. Rule seven embodies this constitutional guarantee in the federal system by requiring that any offense carrying a potential penalty in excess of one year be prosecuted by indictment. An offense carrying a potential penalty of more than one year in prison is called a felony. Offences punishable by a year or less in prison are called misdemeanors. An indictment is not required in misdemeanor cases. In misdemeanor cases, the prosecutor ordinarily files an information. An information is a written statement of the essential facts of the charged defense. Unlike an indictment, which must be signed by both the prosecuting attorney and the foreperson of the grand jury, an information is signed only by the prosecutor. A grand jury is a group of citizens whose duty is to determine whether there is probable cause to believe that a defendant has committed a crime and should be brought to trial. The Constitution calls for a grand jury in order to provide protection from hasty, misguided, or oppressive prosecutions. In order to fulfill this function, the Constitution requires a grand jury that is independent of the prosecutor and the court. Thus, while it performs its functions within the judicial branch of the government, the grand jury has a great deal of independence. Nevertheless, as a practical matter, it is the United States attorney who gathers the evidence for presentation to the grand jury, calls and examines witnesses before it and explains the law to it and asks it to return an indictment. Since it is an independent body, however, the grand jury need not grant the prosecutor's request. It may return a no true bill instead of an indictment. In that event, the complaint is dismissed. Rule six requires that grand juries be assembled by the court whenever required by the public interest. The clerk's office is responsible for summoning or calling citizens to serve as grand jurors. Congress has set out specific requirements for their selection to assure that the process is random. That is, to ensure that everyone in the district has an equal chance to be selected. Grand juries serve until discharged by the court, but ordinarily cannot be made to serve for more than 18 months. The grand jury may consist of between 16 and 23 members. The court appoints one of the grand jurors to be four person. The four person is responsible for handling many administrative matters relating to the grand jury's work. The grand jury may return an indictment charging an individual with a crime if at least 12 of its members vote to do so. Traditionally, grand jury proceedings have been conducted secretly. Rule six establishes strict rules governing the disclosure of matters which occur before the grand jury. When the grand jury accuses an individual of committing a crime, it does so by issuing an indictment. An indictment is also called a true bill. A copy of the indictment returned by the grand jury in the Smith and Jones case is included in your written materials. An indictment is a formal written document charging one or more persons with a crime. Rule seven requires that the indictment shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. This ensures that those who stand accused know exactly what charges they must defend themselves against. An indictment may contain allegations that the defendant has committed more than one crime. Each allegation must be listed separately, however. The separate allegations are referred to as separate counts, and each count of the indictment must specify the statute which the defendants are accused of violating. As you can see, even though their cases came into the system at different times, the grand jury has indicted both Smith and Jones in the same indictment, and both defendants have been charged with two criminal offenses, distribution of cocaine, and conspiracy to distribute cocaine in counts one and two of the indictment. This is because Rule 8A of the Rules of Criminal Procedure allows two or more offenses to be charged in the same indictment as long as they are of similar character or are based on the same act or are part of a common scheme or plan. And Rule 8B allows two or more defendants to be charged in the same indictment if they are alleged to have participated in the same act or series of acts. Since both Smith and Jones are alleged to have participated in the sale of cocaine to Agent Brown, they are joined in the same indictment as co-defendants. In addition, in count three of the indictment, Jones has been charged with possession with intent to distribute cocaine. This additional charge is based on the seizure of drugs found near Jones at the time of his arrest. A defendant who has been charged must formally enter a response or plea to the charge. This is done at arraignment. Rule 10 states that arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead there too. The defendant shall be given a copy of the indictment before being called upon to plead. At the arraignment, the clerk will first place the defendants under oath. The judge will then ask the defendants their names and ages. Then the court will ask the defendants a few questions bearing on their ability to understand the proceedings they are involved in. Now, Mr. Jones, are you now or have you recently been under the care of a physician or a psychiatrist? No, sir. Have you ever been hospitalized or treated anywhere for any form of narcotics addiction? No. Are you presently suffering from any physical problems? No, sir, I'm gonna, I'm gonna all right. All right. And we've already covered, Mr. Smith. Mr. Jones, have you received a copy of the indictment? Yes, sir. Have you had time to consult with your attorney? What do you mean? I'm asking whether you've spoken with Ms. Harrison about the case. Oh, yes, sir, I have. Counsel, would Mr. Jones like the indictment read to him or does he wish to waive a formal reading of the indictment? Mr. Jones will waive a formal reading of the indictment, Your Honor. If Michael Jones wanted the charges read to him, the deputy clerk would read them aloud to Jones in the courtroom. But, like most defendants, Jones has already discussed the case with his attorney and has a good idea what offenses he has been indicted for. So, he waives a formal reading of the indictment. As we know, Jones and Smith have each been charged by indictment with one count of distribution of cocaine and one count of conspiracy to distribute cocaine. Jones has also been charged with one count of possession with intent to distribute cocaine in the third count of the indictment. Very well. How do you wish to plead to the charges against you, Mr. Jones? At this time, Mr. Jones wishes to enter a plea of not guilty to each count of the indictment. Now, I realize, Ms. Smith, that you have been detained pending trial. What's the status of Mr. Jones, Ms. Harrison? Mr. Jones is also detained without bond, Your Honor. Very well. That status will continue. Now, if either council wishes to file a bond review motion, the court will consider it. Now, let's see about setting a date for the hearing on the motions, please. At this point, the magistrate will usually set dates for the filing of motions and the pretrial conference and may even set a trial date. As you can see, if the defendant enters a plea of not guilty, the arraignment is a rather short proceeding. In misdemeanor cases, the arraignment and initial appearance are usually held at the same time. This is because misdemeanors can be prosecuted without a grand jury indictment. In felony cases, sometimes the grand jury returns an indictment against a person before that person has been arrested. When that happens, the government may ask the court to issue a summons rather than an arrest warrant to bring the defendant before the court. Rule four of the federal rules of criminal procedure allows judicial officers to issue a summons rather than a warrant when requested to do so by the government. Like an arrest warrant, a summons must be supported by probable cause. But when a summons issues, the defendant is not arrested and brought before a magistrate by law enforcement officers. Instead, since a summons simply requires the defendant to appear in court at a stated time and place in the future, the defendant appears in court voluntarily on the appointed day. A copy of a judicial summons is included in your materials. Arraignments can be conducted by magistrates or judges. Magistrates often conduct arraignments and may handle arraignments in both felony and misdemeanor cases. However, whenever a defendant intends to enter a plea of guilty at the time of arraignment in a felony case, the arraignment must be conducted by a judge. As we've seen, Smith and Jones entered not guilty pleas at their arraignment, so the magistrate set dates for later proceedings in the case, such as pretrial conferences, motions hearings, and the trial itself. The court's discretion in this area is controlled by a statute passed by Congress called the Speedy Trial Act. Congress, concerned about lengthy delays in getting criminal cases to trial in federal courts, imposed a series of time deadlines upon courts and prosecutors in the Speedy Trial Act. For example, the act requires that a defendant arrested on federal charges be indicted within 30 days of arrest. It also requires that a defendant's trial start no later than 70 days from the date of his or her first court appearance in the district on the charges at issue, or 70 days from the filing of the indictment or information, whichever date comes later. In drafting the Speedy Trial Act, Congress recognized that many events may occur during the pretrial stages of a criminal case that make it impossible to begin the trial within 70 days. The Speedy Trial Act lists these events and provides that the delay resulting from them is not subtracted from the 70-day limit. These events are often referred to as excludables, and the period of delay resulting from these events is called excludable time. The events which result in excludable time include examinations to determine the competency of the defendant to stand trial, the trial of other charges against the defendant, pretrial appeals, the removal of the defendant from another district, the filing of pretrial motions, and reasonable delay caused by jointer of the defendant's case with that of a co-defendant whose 70-day time limit has not yet run. Any delay resulting from these events simply stops the running of the Speedy Trial Clock. Thus, for example, the time that passes between the filing of a pretrial motion and the court's ruling on the motion is normally excluded in computing the 70-day limit. On the other hand, the Speedy Trial Act does provide for penalties as severe as dismissal of the charges against the defendant if the case does not proceed to trial within the required time period. The way to avoid those penalties, of course, is for the court, the prosecutor, and the defense attorney to move the case along without undue delay. Finally, the Speedy Trial Act requires that the trial of certain defendants, including those who are ordered detained prior to trial, be given priority. For example, the trial of a person detained without bond must begin no later than 90 days from the beginning of the detention period. What happens if, through no fault of his own, a detainee like Jones is not tried within that 90-day period? In that instance, he must be released from custody and the court is required to review the conditions of his release. During the period between arraignment and the next scheduled court date, the defense attorney and the prosecutor will engage in what is called discovery. The term discovery refers to the process by which each side in the case finds out, or discovers, some of the evidence which the other side has in its possession. The pretrial discovery process in criminal cases is governed by Rule 16 of the Federal Rules of Criminal Procedure. The discovery process is based on the belief that since the stakes in a criminal case are so high, neither side should be completely surprised by evidence introduced by the other side at trial. On the other hand, since our system is an adversary system, each side is allowed to keep certain pieces of information in its possession confidential. Usually, by the time the discovery process begins, the prosecutor has already learned a significant amount of information about the case. The government's investigation has been proceeding for some time and the grand jury process has been completed. The defense attorney, however, may just be beginning his or her investigation of the case. Let's see how the prosecutor and the defense attorney handle discovery in the Smith case. Hi, Ms. Jensen. Hello, Mr. Lee. You're here for discovery? That's right, United States versus Angela Smith. Have a seat. Thanks. Here's the file. Shall we begin? All right. First, I'll request discovery of any statements made by Ms. Smith, which might be in the government's possession. I'm not aware of any written statements made by your client and the code defendant, Jones, made no statements at all. However, your client made an oral statement to Agent Brown following her arrest, which is substantially as follows. Smith said she never should have listened to Jones, that Agent Brown ought to talk to Jones, and that Jones was driving the van. Smith also said she got the drugs she sold to Agent Brown from Jones. And she was in custody at that time. Did she make those statements in response to questioning by any government agent? No, it was a spontaneous statement to Brown. We'll probably introduce it in our case in chief. I'll have to file a suppression motion, I'm afraid. What about any prior record? Is the government aware of any prior criminal record by my client? The pre-trial services report says she has no priors. What about the FBI rap sheet? Do you have a... Yes, I do. She has no priors that we know of. All right. How about physical evidence? The government has the drugs, the purse, the bag the drugs were kept in, and the marked money. Let me make a request of you all tangible evidence then. The drugs and the bag will be at the DEA lab. I'll draft a letter authorizing you to view the drugs at the lab. They've been analyzed already, so there's no problem. Is there a report of the analysis? I believe the Rule 16 provides for disclosure of any scientific test that may be in the government's possession. I was coming to that. Here's the report. Looks like 540 grams of cocaine, according to the chemist. I'd also like to see the marked money. Uh-huh. Well, I'm not sure you're entitled to see that. I don't think we'll introduce the marked money during our case in chief at trial. Rule 16 only requires disclosure of tangible evidence taken from the defendant, or tangible evidence the government intends to introduce at trial. But I think the rule also calls for disclosure of any tangible objects, which might be material to the defendant's defense at trial, doesn't it? How are these material? Well, I think you'll find out at trial. Well, let me think about it. You may have to file a motion. All right, I guess that's about it then. Actually, since you've requested discovery of documents and tangible evidence in the government's possession, I'll make a reciprocal request under Rule 16B. Does the defense have any tangible evidence which it intends to introduce at trial? I may have some photographs of the area and some diagrams of the area. I'll send them over as soon as they're prepared. Good enough. I'd also like to extend a plea offer to your client at this time. As you can see, the attorneys in a criminal case usually meet informally in order to comply with the discovery requirements of Rule 16. In our hypothetical case, Assistant US Attorney Johnson disclosed the following information to Attorney Lee as required by Rule 16. First, AUSA Johnson disclosed the defendant's statements to law enforcement officers. Second, the assistant disclosed the defendant's prior criminal record. In this case, defendant Smith has no prior record. Third, the prosecutor disclosed for inspection by defense counsel certain physical evidence which the government will use in the case. Fourth, the prosecutor disclosed the results or reports of scientific tests or experiments conducted by the government in the case. After the defendant requests this information and the government discloses it, Rule 16 provides that the government can make a return or reciprocal discovery request of the defendant. In particular, the government is entitled to discovery of any physical evidence and test results or reports in possession of the defendant. The government is also entitled to know ahead of time whether the defendant intends to use certain defenses at trial. For example, an alibi defense contends that the defendant could not have committed the crime because he was at another place when the crime occurred. Rule 16 allows the government to prepare for an alibi defense by asking the defense to disclose whether it is planning such a defense in advance of trial during discovery. Similarly, if the defense intends to rely upon an insanity defense at trial, it must notify the government of this during discovery. The defendant is not ordinarily required to disclose the nature of the defense prior to trial, however. You are also likely to hear the term Brady material come up when the court and council are discussing pretrial discovery. One last question. Are you aware of any Brady material? Nothing comes to mind, but let me look through my file. Johnson and Lee are referring to a Supreme Court case decided in 1963 called Brady versus Maryland. In that case, the court decided that the constitution requires the government to disclose to the defendant upon request any evidence in its possession that is material and favorable to the accused. Such favorable evidence is often referred to as Brady material, and it includes evidence favorable to the defendant on issues of either punishment or guilt. For example, evidence tending to show that someone other than the defendant committed the offense. Perhaps the presence of another person's fingerprint on the murder weapon would be favorable to the defendant on the issue of guilt. So it must be disclosed by the government. And evidence that an accomplice had confessed to being the actual shooter in a murder case would be favorable to the defendant on the issue of punishment, even if the confession named the defendant has an accessory to the crime. So under the Brady doctrine, evidence favorable to the defendant on the issues of guilt or punishment must be revealed to the defense. And the disclosure of favorable evidence must be timely. That is, soon enough for the defense to make use of the information at trial. The prosecutor's duty to disclose Brady material to the defense is required by the constitution. In other words, it is a duty which exists independently of the discovery requirements of rule 16. But the burden is on the defense to request Brady material from the government. For that reason, the defense attorney will ordinarily make a Brady request during a discovery conference with the prosecutor. That's what attorney Lee has just done. I don't see anything that would tend to exculpate your client. All right, if you should learn of anything that might. Sure, if I learn of anything favorable to your client on the issues of guilt or punishment, I'll let you know right away. Great. Most discovery issues are resolved informally by the attorneys involved. But if the prosecutor and the defense attorney disagree about whether an item is discoverable, a judge or magistrate must resolve the issue. Thus, in our hypothetical case, attorney Lee may decide to file a motion with the court, asking it to order the government to let him view the marked DEA money prior to trial. The government might then file a response opposing that request. This takes us to the issue of pretrial motions. A motion is a request by either the government or the defense for a ruling by the court on a particular matter. Federal rule of criminal procedure 47 requires that pretrial motions ordinarily be in writing. Rule 47 also requires that each motion shall state the grounds upon which it is made and shall set forth the relief or order sought. Federal rule of criminal procedure 12 discusses the types of motions which may be filed before trial. It permits the filing of motions relating to the discovery process, defects in the indictment or prosecution of a case, the manner in which the trial will be conducted, and the suppression of evidence. Thus, attorney Lee's discovery motion, asking the court to order the government to let him view the marked DEA money seized from Angela Smith prior to her trial would be filed under rule 12. So would a motion filed by Jones contending that there was a constitutional defect in the grand jury proceedings or that the indictment failed to charge him with a criminal offense. Smith might file a motion under rule 12 requesting that her trial be conducted separately from Jones's trial, and both defendants may file motions under rule 12 seeking to prevent the government from using certain evidence against them at trial. Thus, Jones may contend that evidence against him was obtained as the result of an illegal search of his apartment, or Smith may file a motion alleging that the oral statement the government intends to use against her was obtained unlawfully. These types of motions are called suppression motions. They seek to suppress or exclude evidence that the defendant claims the government has obtained illegally. Some motions filed pursuant to rule 12 may be resolved without the presentation of evidence by either side. The motion may simply require the court to rule on a matter of law or interpret a statute. The court can do this without hearing the testimony of witnesses. On the other hand, many rule 12 motions involve factual disputes that must be resolved before the law can properly be applied. Since these motions involve both questions of fact and questions of law, it is necessary for the judge or magistrate to hold an evidentiary hearing before deciding them. At the hearing, each side is entitled to present evidence. The evidence may take the form of exhibits, affidavits, or live testimony. After hearing the evidence, the court will be in a position to decide what the facts are. It will then apply the law to the facts. Of course, the court cannot know whether or not evidentiary hearings on pretrial motions will be necessary in a given case until the motions themselves are filed. And motions requiring evidentiary hearings should be scheduled and heard without delay in order to assure compliance with the Speedy Trial Act. At arraignment, the court will often set a deadline for the filing of motions by defense counsel in order to expedite matters. Rule 17.1 allows the court to schedule one or more pretrial conferences to consider motions and other issues that the parties believe will result in a fair and speedy trial. In some districts, pretrial conferences are called status hearings. The last pretrial conference in the case usually occurs a week or two before the start of the trial. At this hearing, any remaining pretrial motions will be decided. The court and counsel will then discuss matters related to the conduct of the trial itself, such as how the jury will be selected and instructed. Finally, I would urge the government to give defense counsel any JANKS Act statements it is aware of before the start of the trial. I've already provided defense counsel with copies of all the JANKS material I'm aware of, Your Honor, with the exception of the grand jury testimony of some of our witnesses against Defendant Jones, which the government will produce after those witnesses have testified for the government at trial. Ms. Harrison. I have received certain JANKS Act statements from Ms. Johnson. But with respect to the testimony of the two witnesses who testified for the government in the grand jury, which is rather lengthy in which I have not yet received. The JANKS Act is a statute passed by Congress. It requires the prosecutor to produce, in other words, give to defense counsel the prior statements or reports of each witness who testifies for the government in a criminal prosecution. The JANKS Act does not require the government to give the defense this material until after the prosecutor has finished questioning the witness on direct examination. Under the Act, only those statements and reports which relate to the direct testimony of the witness must be produced. The defense frequently uses statements given to it under the JANKS Act in cross-examining government witnesses. Ms. Johnson, as you know, when defense counsel has given JANKS material at the conclusion of the government's direct examination of a witness at trial, he or she must be given an opportunity to review it before cross-examining the witness. This can take time and disrupt the orderly presentation of evidence at trial. So, like many of my colleagues, I encourage prosecutors to give all JANKS statements to the defense in advance of trial. Very well, Your Honor. I'll have copies of the grand jury testimony made so that counsel can review them before the trial. Is that the grand jury testimony of the witnesses you referred to earlier, Ms. Harrison? Yes, it is, Your Honor. Very well. I'd appreciate that, Ms. Johnson. That way, we won't have to stop the trial every time the government finishes questioning one of its witnesses. Now, as far as the defense is concerned, under Rule 26.2... Rule 26.2 of the Federal Rules of Criminal Procedure requires the production of prior statements of government and defense witnesses at trial in essentially the same manner as required by the JANKS Act in the case of government witnesses. This concludes our discussion of pretrial matters. We'll see whether defendant Angela Smith and defendant Michael Jones go to trial in our next tape.


So, I think everyone has already settled down and quite aware like what I am going to speak on. Do you guys have any idea like what I am going to speak on? You almost have read the, at least the title of the talk, right? Okay. So, today I will be speaking about powering SUSI AI web clients with React and Redux. So, there are few keywords out here which may be familiar to people, maybe web clients, React, Redux. So, we will maybe dive deep into it in the talk. So, let me speak about myself. I am Akshath and I am an active open source contributor for FOS-Asia. And I was a student developer for FOS-Asia during the GSOC, that is the Google Summer of Code 2018. And apart from that, I also mentor for FOS-Asia in the Google Code-In Contest which are for the junior age group around 13 to 18 years and also for the Code Heat which is a competition organized by FOS-Asia itself. And like professionally, I work as a web engineer at Uber. So, you all can reach me out at these links if you want. So, yes. So, the project which I am going to talk about, it is SUSI.AI and it was the project under the Google Summer of Code which I had worked like during the Google Summer of Code for FOS-Asia. So, the first question that comes to the mind is what is SUSI.AI? So, any clue anyone like what is SUSI.AI? Everyone is talking about SUSI.AI everywhere, there are stickers and so, yeah. SUSI.AI is an intelligent open source personal assistant. So, if I try to explain you in a more familiar and naive terms, it may be similar as the Amazon Alexa or the Google Home. So, SUSI.AI is an intelligent open source personal assistant which is capable of chat and voice interactions. So, basically we have the chat platform for SUSI.AI where you can ask your queries and similar to the other platforms and you can, and it is capable of both the chat platform which is the text platform and the voice input as well and it can perform various actions. It may be like searching on the web, you can search for images, then you can check out the weather if you want and so, these basically have a architecture which it works on and you can query things which are actually fed into the system. So, moving ahead. So, why did we, like, what was the need of maybe building SUSI.AI? So, if we go into the goals, like, why, what are the final goals that you are aiming for? So, firstly we need a free assistant. As I already spoke about, so we already have Amazon, Alexa, Google Home, those are all proprietary softwares and we do not have open source alternative for these. So, here comes SUSI.AI, we are offering an open source free assistant and people are nowadays, like, it's very boring to type and then express everything, right? So, conversational web is the future, like, we just want to, like, maybe talk to some device or something and then let our, like, get our work done. So, that is the point and it is also very expensive to develop own solutions. Like, Google is a very big company and maybe Amazon is a very big firm. So, they can, they have the money and the manpower to actually do that. But what if you want to, like, set this up for your own organization, maybe a startup or even smaller size organization? So, that is one point and it is highly, like, customizable. Since it's open source and we have given the flexibility to actually, we have given the flexibility to customize each and every point as, because since it was made with the intention, like, it will be open source. So, we have kept in mind that each and every organization can actually use that and then take advantage of that. So, like, we'll be speaking about the Suci.ai architecture. So, yeah, this is it. And we have the Suci.ai server in between, as you can see in the center of the slide. And it is actually our backend server which exposes the various API endpoints and it follows the rest architecture. So, in the center, we have the Suci.ai server. And server basically has various skills and it is, and skills is also in a form of a gate repository. So, you can directly actually contribute to the skills part as well. And the skills, and the skills CMS. So, we have a web client called the skills CMS, which is actually the, maybe the marketplace as you call or the directory for all the skills that are actually offered by Suci as of now. And we have various and behind the hood in the server, we have the console. So, we say then various system components like authentication and the CMS which actually makes the server up and running. And if we come to the client's part with which actually the user interacts, we have various clients like the web chat, we have the Linux app, we have the Android app, iOS app, then various extensions and messenger bots as well. So, if I try to explain what is the actual workflow behind it. So, if suppose I'm a user, I'll go to any of these clients which is actually available. It may be the Suci web chat, it is like hosted in chat.suci.ai. Or it may be any form of the other bots which is actually integrated already. So, you go ahead and then type any query. So, something like what is the weather today? So, what happens is the API called from that goes to the server and the server processes it based on the skill gate repository that we have. So, we have a Suci mind which actually processes and gave us the right information based on what skill it matches to. So yeah, Suci AI server, then it actually processes it and returns a JSON to the clients. So, now the clients can actually display whatever you had queried for and then this is how it works. Yeah, so I talked a lot about skills, Suci skills. So, what are actually skills? No, they're not interchangeable like they're not compatible cross-platform, it's not compatible yet. Yeah, so as I talk about skills, so skills are the fundamental logic or the working you can tell behind the Suci. So, if I tell in the Suci CMS, we have multiple skills. Like it may be a weather skill, it may be a horoscope skill, it may be some like somebody likes to watch movies. So, you can get a movie recommendation skill. So, skills are the tiniest feature that Suci actually has. And the collection of many skills actually fed into the Suci servers, which actually returns the query that we want. So, this is, I didn't get you? Yeah, yeah, you can do it because yes, you can do that on your like- If I have old skills- Yes, you can do that. Yeah, I'll take up questions after the session, then we can have a proper discussion. So, yeah, the scheme to organize skills. So, we actually need a proper structure, how we'll organize skills, right? Then only we can actually frame it. So, we have a naming such as model, group, language, and then skill. So, the model can be of type public or private. Maybe you want to create a skill which is, you don't want to expose it to the, all the public and like, you only want to keep it to yourself. So, you can actually define those modes in the model. And then the group, we have various kind of categories. So, a skill can be a communication skill, it can be a new skill. It can be a place, like sports skill, anything. So, group actually divides bifurcates in these criteria. Then we have language. So, as it is open source, so it will be used around the world. And we have multiple kind of languages actually spoken around the world. So, we actually have, after the criteria, we also have different languages skills. So, we have skills for English, Hindi, like all the languages around the world. And after that, we have the final skill, which is basically a text file, which looks like this. So, it is very user-intuitive and very easy to understand, a lot of format. So, suppose if you log into Suzy's skill CMS, and then you want to create a skill. So, the format will be, you'll write your name, that just a credit part. Name, author, URL, description, dynamic content. And then this is how the user interaction part looks like. So, you can actually write user query. And this is just a sample query, but we have different patterns and various logic that you can actually fit into the skill. So, just a basic example, if I speak, if you write here high, just high. And then the next line, if you write, hi, I am Suzy. This is the simplest skill that you can create. And when you deploy it, you can save it. And then what happens is, when you actually write high on your Suzy client, the API request will go back to the server. And then the server will process it, and then find that this query was actually made into your skill. And then it will return the query as per what was written in your skill, and then all the other metadata. This is how it works. So, talking about the Suzy web client, so we have the chat client, I would like to show that. This is how, this is the most basic skill that Suzy offers. You say hi, and then it says hello. And it also, as you can see, you can see a up, upward and downward option in the response. So this is how we are planning to actually retrain our system so that it can also sometimes give not that correct answer, which is not 100% correct. So we are planning to use this data which is stored in the form of logs. And then actually give correct output to the users, which is sort of a feedback mechanism. Yeah, so now talking about scale CMS, as I already talked, scale CMS is the directory for all the scale that Suzy has. So as I discussed, we have various groups or categories that we can actually define scale into. We have business and finance, communication, games, knowledge, and many others. So if I go to a particular scale, it may be a sort of anagram scale.  Description about the skills, skill details. This is the rating, like, five-star rating system that we implemented during this GSOC itself. The ratings over time, feedback, and stuff, yeah. And we have the accounts Suzy web app also, which actually is concerned about the authentication in your login. And you can actually change your settings and stuff. This is for the accounts part. So yeah, coming to the main topic of the talk, so the current implementation after the integration. For the front end, we have used React.js, which is a front end library developed by open source by Facebook. And the main prime reason for using React was the ability to give, like, separate UI into several components. First was that, and the very fast and reliable UI DOM tree that it creates via diffing algorithm. And it creates a virtual DOM and stuff. And so basically, what happens is you can actually create UI components and then divide into, and it increases the reusability of your code. And also, it gives a very high performance as per stats. And main, like, redux, we have used. So redux is kind of a state management library, which we actually use for manipulating the data that comes from the server to the clients. So suppose if I speak about redux, suppose you have already you go on the login dialog box, and then you log in. And the response for the login, like API comes, that you are this user, and it identifies you as this user. Then the response, which comes, it is actually stored in the store on the client itself. And then you can, so basically it prevents any, so it actually manages all the data which is stored on the client like in running time. Material UI is for the theming and the UI looks of the part. And axios we have used for making network calls, like over HTTP. So why are we here like any clue? So we are here to learn about the integration of redux and how we went about it. So the question is why do we use redux? Why not like previously we had the flux architecture. Why did we go for redux and not flux? So the main reason is like there are five simple and very straightforward reasons. And it has been answered by Dan Abramov. So the first part is reducer composition. So in case of redux, we have a single source of truth that is a single store, which actually contains all the data. And there is no like, we don't have any dispatches between several individual stores, which we actually need in case of flux. So reducer, like it brings down all the complexities of managing multiple stores at a time. And it maintains a single source of truth. And the data flows from top to down. I suppose like if you have a root component, the data will actually be fed into the root component and it flow down to the basic level of UI. It may be as simple as a checkbox, as you can say. Server entering, so it also has the capability of server entering. But the issue with flux is, again, it comes back to handling the dispatches around multiple stores. And developer experience. So how many of you already know about redux and are having using redux? So redux already has the redux depth tools, as you all know, and it actually brings down the, like it makes a lot easier to debug and then actually see how it's actually working. And the ecosystem, it has a very vast ecosystem which has been developing the redux. The community is very strong. And it's very simple to use. You don't have any sort of complexity, as I talked about, and easier to understand. You can dispatch actions. And then all happens in a single store, which you can actually visualize in the redux store via the depth tools as well. So yeah, a directive structure and hierarchy, like I'll be talking about what directive structure are we following in our project? And the hierarchy, like how is it helping us? And how is it beneficial? So yeah, this is the source folder, like which contains all the main source code of a repository. And inside it, we have created a separate redux folder. So even if a new developer comes on day one, and if he wants to know where are actually all the redux files that has been created, so you can easily identify, yeah, that is redux, and I have to go inside it. So we have divisions sort of like actions, which actually has actions, different sort of actions. It may be related to maybe showing a snack bar, as simple as a snack bar, or maybe making an IPI call as well. We have action types, which actually defines all the action types that we require for the app to run. And we have the reducers. So these are the reducers. So if I talk about how redux works, if the app is simple, if it is based on the redux state itself, so it's very simple, like you all manipulate the state of the react component and then use it normally. But if we use redux, what happens is from our react components, we actually dispatch actions, redux actions which actually manipulate the redux store, which is maintained globally. So as soon as you call an action, the attribute regarding which data point you want to change it in the main redux store, and then it is passed down from top to bottom, as I said, and it is reflected in all the UI components. So this is how it works. So yeah, this is our main root component where we pass. So this is the provider redux provider, and we pass the store, as I mentioned. So we create a data structure or a store which is based on our project. What is our need for that? So I'll show you one of them. Yeah, if I see this default state, so this is the redux state, and this is the authentication part which we actually require only for managing the authentication part and just the login part of it. So similarly, we have for messages as well, like you interact with Susie, the response comes. So we handle, like we maintain it throughout the client, and similar for settings and other things as well. Yeah, coming back. So directive structure and hierarchy. So as I said, it is scalable. So as you could see, we have different files for each type of action. So if I want to create a new UI action, you go ahead and just add onto that UI action.  So if you go through the code base, it's very easy to actually add and then delete whatever action or reduce what you want to. So it's scalable, easy to maintain, and as I said, developer-friendly as you can actually see the Redux file separately integrated into this project as it was not done together. So as it was added later on, so it is actually taken care of that it actually reflects, like it's added differently. And you can easily see that. And middlewares and helper functions. So for the Redux integration, we have used Redux Promise Middleware as the main reason behind using Redux Promise was we have a very good sense when we use .then. So we actually know if we dispatch an action and if we use .then, developer, it's very easy to understand this will happen after the first step executes. So the main reason for that and also to actually make it asynchronous, that is the main prime reason to make the behavior asynchronous. And we have made Ajax Helper using Axios. I'll show that.


I have some really sincere hopes that collective du'as are very powerful. And when the believers don't exactly know what to do, we must not forget or underestimate the power of du'a. Many of us have felt really helpless in this week seeing all kinds of atrocities happen. And many of you very well may have also been facing an onslaught of people saying things and it's only going to get worse in the next few days. The believer is also very pragmatic, is one who knows and understands when trials and tribulations have come our way and particularly of course to those who are most directly affected. What we're experiencing is negligible in comparison. In this time as you hear all kinds of terrible things both the news and atrocities committed against our sisters and brothers and also being told that you and your belief as Muslims is equal as many of the statements that I have read from jobs, universities, companies essentially Islam equates you with terrorism. I urge you to hold on to the rope of Allah to know that Allah will see us through and will see the people of Palestine through. Also the many lives that were lost in Afghanistan also just in recent days passed in the earthquake and of course the many, many lives that have been lost in other natural disasters in the Muslim world and in humanity over the last several months. It's been one heavy news after another after another. The reason we come together for collective du'a is because the Prophet sallallahu alaihi wa sallam says that when the du'a, when the person who is oppressed raises their hands in du'a, there is no veil between their du'a and between Allah subhanahu wa ta'ala. It is directly accepted. Many people don't say the rest of the hadith but I think it's important that you know that the rest of the hadith says even if that person were to be an atheist. Allah subhanahu wa ta'ala is the Lord of all even if the atheist does not recognize Allah as their Lord Allah is still their Lord. And if they were to be oppressed, he would answer their prayers nevertheless. So imagine believers. We come together as believers. That's what binds us all. We're all from different backgrounds, different ethnic and racial backgrounds, different social economic backgrounds. Some of us don't even know each other's names yet and some of us are brand new in the faith. Masha'Allah Anjali, welcome again. But we come together because we know that the collective du'a that Allah subhanahu wa ta'ala is heard. And there is a potential, and this is my sincere prayer, there's at least one person amongst us in this room or on our virtual room online that has a sincere heart and that when they say that du'a, it's an accepted du'a. We don't know who that person is or the people are but this is why we read the Quran that we read and we did the zikr that we did so we can put ourselves in a place of humility in front of Allah subhanahu wa ta'ala that when we come to read the du'a, then he accepts it. I also want to say, because many of you have probably had thoughts running through your minds like why do these things happen and why do some people have terrible things happen to them over and over and over and over again. And I remind you that the most tribulated of people are the most beloved to Allah subhanahu wa ta'ala and that the prophets were the most tribulated of all people and those who come after them in levels of tribulation are the most beloved to Allah subhanahu wa ta'ala just as the prophets were and they were his preferred people. I'll also say something that one of the shi'u had said especially related to us here in the west that there are people amongst us here who are literally losing faith over what they're seeing and the sheikh said to a young man who came to him and said, my faith over this crisis that I'm seeing look at the loss of lives and the destruction and the loss of property and the loss of wealth and the loss of and the sheikh said to him you're losing your faith over the loss of material things when those people there understand what martyrdom is shahada of the oppressed especially of the innocent gaining their jannah and they are gaining their faith over the thing that's causing you a loss of faith looking at it from your security of electricity and water and safety when we re-shift the way we think of things we reframe the way we see things and understand that we're judging something atrocious but from our comforts here it is not the same as the person there who understands that this is their direct ticket to jannah as hard and as hard as it is which is why and I encourage you to please unplug as much as you can please but what you have seen so far you have seen and heard the reels I know you've seen them and voice notes and such and videos as I have seen some of them as well that as much as you're hearing and seeing even with the cries and even with the screams Alhamdulillah Allahu Akbar that level of iman and faith is so hard for us here in our security like this to comprehend SubhanAllah but please keep up the prayers and the duaat because we need this to seize these I mean literally Ghazza is a prison made of 42% children and those who are dying it's like a kindergarten prison and a reminder that the Prophet Muhammad SAW also said that supplication or duaat is the true weapon of the believer it may not be the physical weapons it's the duaat that is the true weapon of the believer so all of you have the weapons inshallah with which to combat darkness and difficulty there is no god but Allah there is no god but Allah the high and the mighty glory be to Allah Lord of the tremendous throne all praise is to you Allah Lord of the worlds I ask you O Allah everything that leads to your mercy and your tremendous forgiveness enrichment in all that is good and freedom from all sin do not leave a sin of mine O Allah accept that you forgive it nor any concern accept that you create for it an opening nor any need in which there is your good pleasure accept that you fulfill it almost merciful O Lord of the worlds we ask you by your might and by your glory we ask O Lord of the worlds by all your names the name in which you said O Lord that if we call upon you you will answer and we will call you by that name only known to you Ya Rabbi please we ask you to lift the oppression from our sisters and brothers Ya Rabbi to seize Ya Rabbi the bombs Ya Rabbi to seize Ya Kareem the firing to seize Ya Rabbi all the chemical warfare that is coming down on them Ya Rabbi to protect them Ya Rabbi protect the children Ya Rabbi protect their well-being and protect Ya Kareem their material and spiritual wellness Ya Allah Ya Allah and for those who pass we ask you that they count as Shuhada Ya Rabbi Ya Kareem forgive us and forgive them Ya Kareem Ya Rabbi grant us and grant them the highest levels of Jannah Ya Rabbi protect us and protect them Ya Rabbi Ya Kareem protect their children Ya Kareem our children and their children Ya Rabbi Ya Allah grant them openings Ya Kareem openings that none of us can see now but only you have the capability of doing so Ya Kareem Ya Rabbi you are above all oppressors Ya Rabbi you are the one who can crush them so crush them Ya Rabbi crush them what seemingly is might what seemingly is power and numbers Ya Rabbi you are above all of this Ya Ilah Ya Rabbi raise our hands today and lower our heads with humble hearts in front of you broken broken Ya Kareem with this frail fragile state Ya Kareem we ask you to accept our dua Ya Rabbi to accept these meager efforts Ya Kareem Ya Allah in this broken hearted state we ask you to look upon us today and hear these words and accept them Ya Kareem Ya Rabbi from the tongues from the hearts Ya Rabbi from the minds Ya Kareem accept these duas every sister here raising your hands making dua Ya Rabbi we don't know who amongst us Ya Kareem you're hearing this dua and accepting so accept from us Ya Kareem accept from each of us and allow us to be people and continue to pray in bad and in good Ya Rabbi that we remember you in all of states Ya Rabbi and make us from those who are happy in both states Ya Rabbi and happy in both abodes the dunya and the akhira Ya Rabbi jalla min su'ada ildarain Ya Rabbi Alalameen we ask Ya Kareem for steadfastness in our faith and our unwavering commitment to this deen to the truth protect us Ya Rabbi Alalameen protect us from all evil and all harm protect us from those who want to harm us Ya Kareem and harm this deen Ya Rabbi protect us from falsehood and disgusting statements Ya Kareem Ya Rabbi protect our children from being shaken up Ya Kareem by these things Ya Allah Ya Rabbi make their faith steadfast unwavering true Ya Kareem this to make them stronger and bring them closer to this deen and not further from it Ya Rabbi Alalameen Ya Rabbi and for all those who've had difficulties across all the parts of this world Ya Rabbi we ask you that what you what seemingly was taken from them is actually what is given to them Ya Kareem given them jannah Ya Rabbi Alalameen Ya Allah for their suffering for their difficulties for their losses Ya Rabbi material losses that you replace in jannah with difficulties that we can't even imagine Ya Rabbi Alalameen Ya Allah Rabbi Ya Kareem anyone here and anyone across the Ummah that has lost Ya Kareem life or limb or wealth or security Ya Rabbi replace it with what is better than what was lost Ya Kareem Ya Rabbi replace it for them if not in this dunya than in the Akhirah Ya Rabbi Alalameen with the highest levels of jannah Ya Rabbi Alalameen Ya Rabbi and make us a firm faith to know that the Akhirah is true Ya Rabbi Alalameen Ya Allah Grant us and grant them Ya Kareem and grant us in this dunya ease and grant us in Yom Al-Hisaab ease and grant us Ya Rabbi from those who enter jannah without previous Hisaab previous judgment Ya Rabbi Alalameen Ya Rabbi the highest levels of jannah Ya Rabbi put us with the martyrs Ya Kareem and make our endings the best of them the best of them Ya Rabbi Alalameen we ask you the best of endings Ya Rabbi Alalameen wa la hawla wa la quwwata illa billah al-Aliya Al-Azim wa sallallahu ala Sayyidina Muhammad wa ala alihi wa sahbihi wa sallam ajma'in wa ala liyaat al-Qabool wa al-Hidaya wa al-Nasr al-Salam in every place wa al-Salam in Palestine Ya Rabbi Alalameen wa al-Sir Risulat Al-Fatiha


What's going on everyone? Sam here with late in sports cards ripping 22 tops finest baseball hobby 8 box full case break number 12 Random division style. Here's a look again at your division results As always you can find these on the website under the results tab as well as the link that's currently in chat So good luck here everybody. Let's do it again guys. Just now seven teams to go in illusions Yeah, one two three four five six seven all teams I believe are on sale as well. So check them out Teams on sale God can't type at all. Here we go. Let's do some fun. Let's go live on Tiktok. You go You saved Wahoo's money There's Vidal Bruhan refractor rookie Bryson Stott Alec Thomas So far There's Jose Ramirez cornerstone Was there Miranda and Miguel Cabrera for some reason Or of excellence one so though. There's Jonathan India to 199 on the teal for the Reds Colts are decent though, because at least you have shots at Pierce to I know Jonathan Taylor's in some as well Few others to obviously Peyton's the big chase there Refractor trade Turner. This is this year's Peyton Yeah, Reggie Wayne's got a game use then maybe not game use but he's got a patch auto We've got Louise he'll 15 out of 99 finest rookies auto for the Yankees. That's a L East Wow, you're an impeccable, right? Yeah, cuz I know Reggie Wayne's definitely got some pierces the big chase for the rookies Peyton's the big guy for The like the vets anybody else. I know Jonathan Taylor's got a couple of autos I think he's got a patch auto There is the 99 is gonna be trade Turner Nice one there J-Rub Who is that that is pretty cool Yeah, dude, I pulled the now obviously he's not a Viking on the card We pulled the one-of-one Patriots Randy Moss auto the other day thing was disgusting You know I kept seeing that car And I was like, oh Yeah, Jerry Pena exactly Teal shimmer Brian De La Cruz to 175 So cool, dude. Yeah Yeah So Jonah Refractor Freddie Freeman. Yeah, that thing is cool. I'm trying to think the bears have a pretty good checklist, too They have I pulled two triples of Dent singletary and Hampton, which is pretty cool, too There's Hank Aaron on the die cut and Elise That's card. We pulled a red Aaron judge auto to five yesterday as well as an orange Bobby wit Auto to 25 Or of excellence Jose Ramirez Ryan Mountcastle to 250 pulled three supers out of this product so far to hell it Ramos Joe Ryan and one other one as well Peter Lanza Brandon Marsh refractor rookie Honeycomb But be quit And auto auto Lopez auto auto Nice one there that is for the blue J's a least and base What what it just depends on what the box is what what 20 21 bucks that's six Contenders is pretty solid. I might go contenders instead O'Neill cruise refractor Shrouton J ran You see this year's design for contenders George Springer cornerstone, I didn't love last year Babe and call my shot Or of excellence O'Neill cruise blue Brian De La Cruz to 150 Yeah, cuz like the only issue in my opinion with the once and last year is like the on-card auto still look like stickers The way that it's designed wonder Franco Refractor Josh Lowe for the race But yeah, this year looks great Seven spots left Aaron Ashby nice one there is gonna be going to the NL central by way of the brewers refractor rookie auto Salvy Perez purple boba shat to 250 for the blue J's The blue J's nice one there. Yeah, everything gets sleeved in top load All the refractors all the number at all the autos all sleeved in top load Got Blake here with me. He's doing all that Refractor Shane beaver or of excellence agent Beltray a west Stephen Kwan rookie Jairan Durand or of excellence rookie for the AL East JD Martinez AL East refractor refractor miggy refractor Katal Marta Mookie and Shane beaver Gold auto is Jose L. Tube. Very nice. Go into the AL West. Congrats on that Holly M. There you go. Holly nice Al Tube. I'm the gold auto 49 of 50 Nice one there, O'Neill cruise rookie and Sayas Azuki another goal is coming up here Matt Manning finest rookies 50 up 50 for the AL central nice one there Josh Lowe and your segue Solid box right there. It is not for sale Not for sale is a group break All right, let's keep it going. Peter Lonzo refractor Refractor Freddie Freeman, I don't know man. They're both really good Or of excellence Joe Maurer. There's nice Sayas Azuki to 199 on the seal with the Cubs and L central Stephen Kwan rookie refractor rookie auto is Reed Detmer's that is going to the AL West nice one there Cornerstone Tim Anderson Green Byron Buxton to 99 for the twins AL Central Base and O'Neill cruise rookie. Oh nice. That's right. It starts in what like 20 minutes That's purple Nick Allen to 250 Gavin sheets and Joe run. I don't believe so David. I don't believe they did I think Jacksonville sold like right when I got in There's Jose Ramirez refractor. Oh boy. It's true. It's the way you gotta. It's the way you got to do it right there, Manny Steve Carlton Sky blue say as Azuki this time to 300 for the NL central and J. Jose Rodriguez. Is this it showing available? We'll take a look really quick Joey Vada Jordan Alvarez refractor and green Jose Ramirez going to the NL central a couple nights vets coming out of this congrats on that Nam Q Jram J Ram hunter green and Royce Lewis noise voice Take a look really quick. I said number 12, right noise voice noise Royce. Yeah Do this really quick. Oh, you're saying illusions break 12 illusions break 12. I Could throw them on sale real quick. Good to go Leighton sports cards calm Tanner just what our username is just calm Yeah, Giants have a really solid checklist Giants have a really solid checklist You hear this material Fracture Mackenzie Gorn not over a fracture J rod rookie. There's Blue teal vapor to 250 Carlos Correa Yeah, no problem Dave. You got it buddy George Kirby refractor rookie got your buddy. Absolutely. Thank you for taking. I'm appreciate that Andre Jackson Refractor rookie auto going to the NL West. There was also a Bobby Whitt. I went by Jeremy Pena JD there's a Boba Shep to 300 for the blue Jays AL East Space more spots coming in. Thank you guys again It was gone in impeccable Texans went in illusions. Thank you guys there Shane and Chiakai Randy Rosa Rainer refractor Thank you Dave for also taking the Jags in illusions Mark McGuire 1998 Yeah, Jordan Alvarez rose gold to 75 that's one of 75 Many Break 40 with the Giants. There you go It's not a bad team to snag many I gotta be I gotta be real with you. I gotta be real with you It's a good. They got a good checklist Jram.  Got I think either autos or patch autos in it, too, which is cool Coco sin Colton welker refractor rookie auto NL West nice one there. Here Cole sky blue to 300 Brandon Marsh and Vidal Yeah Yeah, I really hope he's not first ballot because I hope that with my Giants friend Yeah, I have a hundred dollars that he's not a first.  It's a joke Richard Seymour made it last year. What's the hardest to get into got the baseball? Yeah, who's they'll do that? Definitely Do it in your cool do it in your cool Manny by the Giants and you're cool by the Giants and you're cool. There's blue pita Lonzo to 150 I always get pure pressure in the buying and the brakes when I'm at my friend's house and we're bored Oh, yeah, they like want to see something that they don't have to have steak in but they Yeah, they're kind they're just committed. Yeah, exactly Redemption finest rookies design autograph variation blue refractor parallel O'Neill cruise going to the NL central to 150 congrats on that William H There you go, buddy. Nice cruise a some Kwan rookie One so Joe Ryan on the blue teal vapor to 250 That's kind of nasty. I pulled so man. I think that's the fourth O'Neill cruise. I pulled no wit no wander No, Jay Rod No mysteries, but a billion of those mysteries what's it called? Yeah, they're a mystery Mystery autos just kind of cool Down to just Five to go guys five to go in the first illusions break now I have to go It's gonna be the Cardinals Browns Colts Patriots Titans Most of those are gonna be on sale as well. I will put One on if they're not my favorite product favorite product to break Kevin our favorite product like design-wise or to collect Cuz I like I love triple threads baseball. I love museum baseball Football a few I really like in football You gotta your Molina refractor. Oh It's my favorite prospect. Oh God, I don't know man. There's a James Wood. I think it's gonna be a stud. I Do really like James Wood? I think L.A. Delac Rouge is gonna be a stud Andre Dawson is Robbie Ray 2199. I'm so mad. I never got to face him Who James would there's Bryson stop refractor rookie for the Phillies and Elise 2020 Orlando, Florida, that's a convention center.  I saw this thing There's currently zero Red Sox player still on the roster from the 2007 World Series championship. What is I'm doing? 2007 Most of those guys aren't even a league anymore Somebody was like somebody's like the rookies on that team would be 40 now But it was like just I've been destroying him for Yeah, for losing everybody. Yeah. Yeah, so like somebody said that like all the comments were so funny I can imagine people were like obviously thinking The damage on that story it is a base card. Yeah baseball card stuff Taylor That was a Brandon Marsh got a Mike trout teal to a 199 the angels my friend hated baseball Really like going to practice stuff like we would be like in seven pages like baseball practice Can't wait you're done Yeah, he plays softball Tony Santee on NL central refractor rookie auto for the reds does he really yeah Yeah, dude a lot of I know a lot of people like that that hated going to baseball practice But now play men's softball free Nick Lodolo to 99 Well, it's not a serious. No, I know you know Yeah Would be that's the thing is like Right, right Purple Christian yellow to 250 I will hold some of these rookies look honestly honestly man Wild dude, that's refractor buying bucks for the and our ale central are not on one So and then we'll be worth it should be 19 it could be 26. Yeah, true Not like that Brandon Crawford that's a Torkelson Blue Joe Ryan to 150 rookie for the ale central by way of the twins a hunter-green refractor rookie for the reds We've got blue Matt Manning on the rookie auto ale central nice one there That is one or no 81 out of one. What are you doing? Just break the TV check the tracking on all three Jake burger refractor rookie. I miss a comment or something. There you go Taylor Our forest has been talking for a set NHL same way Yeah Yeah, no on YouTube. I didn't come through Rose gold Garrett cold to 75 and guys just five teams to go. I think 250 a box Kevin Have you by as refractor there Spencer walk-ins going to the ale East With the Orioles You know, it was actually funny a couple happened on Wednesday night Vaughan was in a illusions break and Bobby Whit rookie There's Javi bias to 250 and him and Kyle were both in chat so like two knuckleheads and Vaughan started Making fun of me with the bangles or something and during the random I go I hope you get the Ravens in this Vaughan. Yes, what can we got the Ravens? He did yeah, I got Jamal Louis auto Kyle Hamilton rookie of Jersey of some sort wasn't that wasn't that the best day of your entire life Manny That was the best day of my entire life Paul Goldschmidt is many No, man. What what team are you your Giants fan, right? Manny's a Giants fan Say a Suzuki Aaron judge. Yeah. Yeah, man. He's a Maybe it was just in chat for that one, which was just fantastic. Dude. It was oh god was the best It's top three moment right there. Callie Shremsky. There's Christian yellows to 300 He goes man, what did I do to deserve this? Bobby Whit junior refractor rookie nice one there. You know why the Giants did bad Because you bought two Daniel Jones autos. That's why they did bad against the Eagles Ronnie Dawson rookie refractor auto going to the AL West The ashes Jayrod Brandon Crawford I saw a list of the top 10 most, uh Players whose cars have increased the most in the past year Trevor story blue teal vapor to 250 In one of them in like number seven was Damian. Yeah Yep, grab guys the link again just again five To go Uh cardinals browns colts patriots titans On to the next one. You just not that's not bad. What is What set is that from nanny? Wanda franco rookie Cj Abrams rookie bless you Bless you always Raffy devils I'm a Ravens fan. So absolutely not Kevin Best card I pulled jacks and mario super fracter Uh, we'll make a roging. He was he was really high He's top um 15. I think he's like 11 or 12 somewhere around there top 20. Maybe Yeah So that I was thinking of you.  Nice one there Refractor rookie auto going out to the mariners grats on that uh ale west No, I hope the bangles lose Hope the bangles get destroyed Byron buxton There's uh, john carlo stanton 190 on There there is nothing that would make me happier on sunday if the bangles lost like 35 to 10 that would be like That that might that would be the best day of my life right there God that'd be fantastic, dude Refractor chris brine. I'm a ravens fan. So they're my their arrivals back since penal on so finest rookie is uh, bobby witt jr Wow three of five On the red name ql with the al central. Congrats buddy. Nice one there I thought I honestly I thought that was one of the non numbered ones. That's why I didn't react more.  Nice one there.  All right, that'll do for the break. Do a quick recap here everybody.  I can promise you of that cow Raleigh Ronnie Dawson spencer walkins matt manning Max muncie tony cincy on brine daila cruise That's colin welker andre jackson hosay ramirez reed debtmers gold hosay al-tubek Aaron ashby autolopez louis hill hats Finest rookie designs autograph blue variation parallel of o'neill cruise To the pa no central bobby witt jr. Three of five nice one there Three of five bobby witt That will do it for the break. Thank you guys again for the fill next up mosaic tiered


making the art on the fact that I was there, the week they opened, I would tell you and I wanted them to do it after they moved over. They weren't really, there's just, you know, dressed up, thinking they'd probably want it. It's not just the boys, it's the guys. Yeah, but they seem to have no time, I mean, it's kind of a speech at the unveil, you know. That's what I mean, you just never know the different personalities. There's probably some artists out there that want all that fame, you know. Exactly. Exactly. What do you, what do you get? It doesn't surprise me. Or his cars. Stay away from me. Let's get rolling. Everybody ready? Yeah, let's do it. Everybody ready? Here we go. Good afternoon. I'd like to call to order the February 2019 City of Columbia Planning Commission meeting. I'd like to welcome all planning commissioners, members, staff, and guests. At this time I would like to ask everyone to turn their cell phones and PDAs to the silent or vibrate mode. The administrator will now proceed with the roll call. Mr. Tupper. Here. Ms. Mandel. Here. Mr. Weitz. Here. Ms. Hartz. Here. Mr. Cohn. Here. Mr. Stigermeier. Here. Ms. James. Here. Mr. Dolphin. Here. And Mr. Frost. Here. We have formed. Thank you. For those of you who have not been here before, I'd like to briefly review the meeting format. The planning commissioners are allotted a presentation time of 10 minutes. This time should include, but it's not limited to an overview of the project, case history, and any pertinent meetings held regarding the request. This time also includes all persons presenting information on behalf of the applicant, such as attorneys, engineers, and architects. The time limit does not include any questions asked by planning commissioners staff regarding these requests. Members of the general public are given the opportunity to address their concerns in intervals of two minutes. The administrator has a timer and will make presenters aware of when their time has expired. The planning commission reserves the right to amend these procedures on a case-by-case basis. On the consent agenda, the planning commission uses the consent agenda to approve non-controversial or routine matters by a single motion and vote. Examples of such items include approval of site plans, annexations, and street names. If a member of the planning commission or the general public would like to discuss an item on the consent agenda, then that item is removed from the consent agenda and considered during the regular meeting. The planning commission then approves the remaining consent agenda items. The administrator will now read the consent agenda. The consent agenda this evening consists of the approval of the January 7th, 2019 minutes, a site plan review for 7901 Farrow Road, a comprehensive plan and future land use map amendment for 1703 McFadden Street, a zoning map amendment for 1703 McFadden Street, which is also going from RG1 to C1, and then a zoning map amendment for 3601 Ridgewood Avenue. This is a proposal to go from PUDR to RS2, and a zoning text amendment for the Granby Architectural Conservation District guidelines, and to add 316 Haywood Street to the list of properties within the historic district into the zoning code. And that consists of your consent agenda this evening. Thank you. Do any commission members or guests wish to have any items on the consent agenda removed and placed on the regular agenda? Mr. Chairman, I do need to. So we'll have two motions. We need to have two motions, yes. So which two items, Mr. Rates? If no one wishes to have any items removed, I'd like to ask for two motions to approve the consent agenda. The first one will be for item number two, five and six, and the second one will be for items number three and four, which Mr. Rates has recused himself for. Mr. Chairman, I'd like to make a motion. I'd like to make a motion that we approve the consent agenda items one, two, five and six. All in favor signify by saying aye. Aye. Anyone oppose? Motion's approved. Now I'd like to ask for the second motion. Mr. Chairman, I'll move to the other side. All in favor signify by saying aye. Aye. Anyone oppose? Motion approved. That concludes our meeting other than for... We have two other things. What do we have? On other business, I want to remind you all of a comprehensive plan work session for February 13th at noon. The consultants will be in town because we have our community meetings both on the 12th and the 13th, so they'll be in town on the 13th. So you'll get more information about that particular meeting. It will be at the parking services conference room. And then you should have all received information from Andrea about a work session. I believe at noon on the 26th, Tuesday the 26th. So I just wanted to remind you of those two. And if you haven't turned in your book, please bring it next month so we can forward that on to City Council without having to incur a lot of printing charges. Okay. Now I'll ask for a motion to adjourn. Summary. All in favor. Aye. Meeting is adjourned. Everybody get the core out? Thank you. We've got to make sure it's good to go. You've got to push wheels, you know, and it should move or shifts. It needs to be tested thoroughly. Yes, exactly.