By Benjamin Wittes & Ritika Singh
Reyes says this is an issue worth exploring with Admiral Woods. Judge Pohl asks if Reyes has concerns that Admiral Woods would not follow an order given in this case. Reyes responds that the document itself would give him authority to circumvent it. This court issued a very simple ruling: We stamp the mail, it goes in, no questions asked. Judge Pohl asks: Is there any question that this has not been followed in this case? There was one affidavit, Reyes says. If I issue an order and there’s a question about whether it’s followed, Judge Pohl asks, isn’t that the right time to come to me for a remedy? Reyes responds that if the government is using this as a guideline to follow, then the admiral’s testimony is still relevant.
Judge Pohl makes clear that there is going to be a separate order after the arguments tomorrow. There is a lot of back-and-forth here with both counsel.