MR. SCHMIDT: If I may interrupt, your Honor, it is

25 not the film, it’s the event.

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1 THE COURT: The event. But you don’t need the film

2 to prove the event.

3 MR. SCHMIDT: But I do, because I don’t have Somalis.

4 In a city that has almost no electricity, when 12 helicopters,

5 helicopter gunships go in the air, everybody around there, the

6 Somalis hear it, and they see it, and they see the fire and

7 they run to it and they talk to their neighbors. Within days

8 everybody from the community knows about it. I can’t go to

9 Mogadishu, Judge. I am sorry, I am sorry, I will try my best

10 for Mr. El Hage but I’m not going to Mogadishu to collect

11 witnesses and that’s what I’m left at. Risking somebody to go

12 to Mogadishu to try to convince, respectfully, Somalis to come

13 here and testify or getting a tape that shows it all. I

14 simply don’t understand what the alternative is.

15 THE COURT: I think we have really exhausted this

16 topic.

17 MR. BAUGH: But not on the penalty phase.

18 THE COURT: We are not dealing with the penalty

19 phase. The issue before the court is whether or not I sign a

20 subpoena directed to Cable News Network, commanding them to

21 appear on Wednesday and bring with them the following

22 documents or objects, colon, all original footage, including

23 all raw and uncut footage of the attack on Abdi House in

24 Mogadishu, Somalia, on or about April 12, 1993.

25 MR. SCHMIDT: Your Honor, so the record is clear,

 

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1 your Honor, my understanding that includes one videotape or

2 super 8 tape, is all we are asking for, one physical thing.

3 We are not asking them to search through archives. One

4 physical thing.

5 THE COURT: The court declines to sign the

6 stipulation on several grounds.

7 MR. BAUGH: Your Honor, may I then ask the court —

8 may I adopt that subpoena —

9 THE COURT: May you adopt that subpoena?

10 MR. BAUGH: Yes, unless you have already killed it.

11 I mean, if it’s dead, it’s dead.

12 THE COURT: It is now 5 minutes of 6. You now want

13 to adopt the subpoena which the court has denied. No. You

14 submit a similar subpoena and I will deny that as well.

15 MR. BAUGH: When Mr. Schmidt stood up before, I told

16 the court that I wished to adopt his subpoena and rely upon it

17 then.

18 THE COURT: You did, you are right. Yes, you may

19 adopt it and on behalf of your client — but you understand,

20 we are dealing here now with the guilt phase.

21 MR. BAUGH: Yes, sir.

22 THE COURT: If you want to adopt it as the totality
2