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#T3BE 226 - Full Question Text for Patrons (Patreon)

Published:
2021-05-07 03:51:00
Imported:
2021-05

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Anonymous

My thought process went to the fact that the defendant (who may testify, even though that is almost always a bad idea) is always in attendance, whether they testify or not. Both parties to a civil case are present, though they may be called to testify. The “weird trick” might not be so weird. The government is a party to the case, so excluding their representative is kind of odd.

Quark Twain

The designated representative is a special type of witness. This person led the investigation and is testifying about the investigation itself. I presume this agent was not involved in the crime or previously connected to the defendant. As the investigator they have already interviewed witnesses, so it doesn't make sense to exclude them from hearing witnesses now. I'm going with A. The government has a right to have their direct representative present. But to avoid the one weird trick of sneaking just anyone into the trial, they have to show that this person was chosen appropriately.