a 18 as 20 a 22 23 2a 25 FEDERAL GRAND JURY PROCEEDINGS COPY, UNITED STATES of AMERICA, ) > ) ) vs. } Criminal No. 3:09-me-02 ) ) > ) Plaintise, ‘TRANSCRIPT OF PROCEEDINGS CARRIE FELDMAN, Defendant. } TRANSCRIPT OF PROCEEDINGS, held before the Honorable John Jarvey, at the Federal Courthouse, Davenport, Towa, commencing at 10:03 a.m., Novenber 17, 2009, reported by Linda Pourote Ggbers, Certified shorthand Repuler for the State of Towa. APPEARANCES Plaintige by: CLIFFORD R. CRONK IIT Assistant United states Attorney 131 Bast Fourth street Davenport, TA 52801 Defendant: by: TERENCE 1. McATEE Federal Public Defender Suite 401 101 West Second street Davenport, IA 52801,10 2 a u 15 16 v ae as 20 22 23 26 25 THE COURT: Please be seated. We are here in the matter of proceedings related to the Grand Jury for the Southern District of Towa, As the Court understands it, two individuals, Carrie Feldman and Scott DeMuth, have been summoned, subpoenaed to the United States Grand Jury to give testimony and have refused to do so. Ms. Feldman is present and represented by Terry McAtee. Mr. Detluth is present and represented by Barbara Ninis. Mr. Cronk represents the government in this matter. Me. Cronk? MR. CRONK: Your Honor, first of all, the Court issued fan Order to Show Cause and scheduled the hearing for ten o'clock this morning. T have spoken with Mr. McAtee on behalf of the witness, Ms. Feldman, and I also in the meantime since applying for the Order to Show Cause have made a Motion to the Court to compel the witness to testify before the Grand Jury under a grant of use immu y and I have tendered that to the Court Should the Court elect to sign that Order, it is my understanding that Miss Feldman would persist in her refusal to answer any questions by the Grand Jury. T would leave that to Mr. McAtee and Ms. Feldman to address the Court on. ‘THE COURT: Mr. Meatee? MR. McATEE: That's correct, Your Honor. Even if the Order is signed, she is refusing to testify. THE COURT: Based on the representations made in the1 | government's Motion, I am entering an Order compelling her 2 | testimony. ‘The Court finds that the Davenport Grand Jury is 3 | investigating allegations within its jurisdiction; that Carrie 4 | Feicnan has been subpoenaed to testify in connection with a 5 | particular investigation: that she has advised that she will 6 | refuse to testify before the Grand Jury: that in the judgment of 7 | the United states attorney, the testimony which may be provided 8 | by Carrie Feldnan is necessary to the public interest to enforce 9 | the criminal laws of the United States; and that the Motion made 10 | by the government is made with the approval of the Assistant Attorney General of the United States of the National security 12 | Division of the Department of Justice. 43 Therefore it is ordered pursuant to Title 18, United 14 | States Code, Section 6002, that Carrie Feldman give testimony 15 | which she may not refuse to give on the basis of her privilege 16 | against self-incrimination as to all matters about which she may 11 | be interrogated before the Davenport Grand Jury in connection 18 | with the investigation now before that Grand Jury. Tt is further ordered that no testimony or other 20 | information compelled pursuant to this Order or any other 21 | information directly or indirectly derived therefrom may ever be 22 | used against Carrie Feldman in any criminal case except 23 | prosecution for perjury, giving false statenents, or otherwise 24 | failing to comply with this Order. 25 Tt is further ordered that the government's Motion for