Here is a summary by our attorney of what took place at the U.S. Court of Appeals in NY on Tuesday.
As you requested, here is a summary of the oral arguments:
Today, we had oral arguments before the Second Circuit Court of Appeals in New York regarding our petition for extra-ordinary relief. Essentially, we have asked the Second Circuit to reverse the District Court and to prevent Ken Miller’s grand jury deposition. We argued that forcing him to testify against his will and without an attorney present would violate his Constitutional protections to not incriminate himself and to have an attorney.
Although it is impossible to predict how the judges will rule on the motion, the judges seemed uncomfortable with the prosecutor’s position. The prosecutor argued that the Government can increase Ken Miller’s sentence if he exercises his right to silence at the grand jury deposition. The judges appeared to make clear that this punishment would violate Ken Miller’s Constitutional rights.
Since this hearing, the United States prosecuting attorney has responded in writing, stating that they do not intend to seek an increased sentence if Ken does not comply at the grand jury hearing.
See David Bercot's Scroll Publishing website for more commentary on the case. David has been helping us out in providing legal counsel.