clear to me that that that is he he tried the da was trying to find a person to that could lead the two but i think that's the proper inference from th here was cooperating at that time that's what the agent that's what the law enforcement people always try to do they try and find something to lead to somebody and and then eventually conduct investigations but that doesn't mean that they are cooperate that person is cooperating that means that they like investigating that person they can they may be able to investigate further to the ultimate target there is one other place in the film and that's at the one hour thirty minutes and fourteen seconds mark where another agent the d a team leader now says this in two thousand and seven we contact with but that in context doesn't it appear that the agents are saying that smuggling would be an unwitting partner they were going to try to make use of him without letting him know that that th e confidential sources were in fact working with the d n a your order the words of course i mean what they say of the government can turn that that they know man something different was employed as a double agent for both the united states drug enforcement administration and the british intelligence agency m i six on my evidence gathering trips to asia i've been approached by a group of individuals that that they were in receipt of a cache of sensitive correspondence that mike's now apparently authored for his british handlers now why is that significant because it matches with the evidence we've found on mr but was retained in the possession of the us security expert until after the conclusion of the trial the evidence on the laptop shows that smoothly and conducted research on the m i six intelligence organization and space of less than two years would transition from offering employment as part of a police operation to prodding him to supply surface to air missiles to terrorist rebels which is being realistic  just there are lots of bad guys out there and he's a generic term who cooperate with law enforcement either thinking they're going to get a way to get by them i mean probably everybody is prosecuting these rumors but who's been a prosecutor in this room at that experience i'm just not sure i follow your rationale well just two years prior to the sting operation michael snow offer smooth employment as part of a large police operation at one hundred thousand somebody from the intelligence community now it would just be just would strain credulity to assert that snow would then our first move less than two years from that point to supply arms to terrorists he has associated was an intelligence agency of the u k which is and now ally of the united states and the goal of this operation and one of the charges in this conspiracy was that the weapons would be used to shoot down american pilots and that just doesn't well but certainly not beyond the pale in terms of what we may please the court my name is david souter i'm assisting united states attorney in the southern district of new york and i represent the government on this appeal the district court properly denied victor boots rule thirty three motion first the bulk the evidence that mr bush relies upon for his motion does not qualify as newly discovered underworld thirty three second even considering the merits of the information that relies upon the district court correctly found that the information is neither material nor likely to lead to an acquittal which is what needs to show in order to obtain either an evidentiary hearing or a new trial under rule thirty three but if you were able to show that  was in fact a government agent do you disagree with his argument that you can't conspire with a government agent if that's the extent of the conspirators that's certainly correct your honor that if you were to be able to show th million was a government agent from the start before the arrests before the da initiated sting operation then if he was acting as a government agent who would not be able to conspire with him but there's no evidence i mean heavens that that's correct your honor that's right either the all the evidence other than the documentary film that existed before the conviction and has not proffered any evidence to show that he exercise due diligence in trying to obtain that information before the documentary was to argue that there's some ambiguity as to what the agent was saying he didn't use the word on winning used war while lying why shouldn't there have been a hearing to determine what was actually  your no hearing was necessary because in goods motion he takes the statements made by the agent out of context and he takes certain words such as partner and willing and then uses dictionary definitions to argue illogically that those said was that the da tried to find an individual that can lead us to victor boot which had operated with in the past and that penetration point to us was andrus million and goes on to explain in the documentary that smolin was the perfect penetration point because he was both familiar with mike snow we had known since the one nine hundred ninety s and smoking was a former associate a beaut and furthermore small in that point was in dire economic straits and therefore he would jump at the opportunity that the da confidential sources presented to us in context it's clear that the statements made by agent brown do not reference the fact that smoking was a government agent from the start rather than interest really and was chosen by the da to be the penetration point for victor boot and for as as your own as mentioned to investigate interest million first and then hopefully have that investigation lead to victory which is exactly what happened here he was the softer exactly what about this this individual the snow pointed your adversaries making related to the documentary was  a was a government operative when you went into this deal right that's certainly my adversaries argument your honor but there's no evidence to support that and in fact the evidence that has presented is problematic in many ways first the e mail that mr tarasoff mentioned comes from a laptop that purportedly belong to enter smilin and which was recovered by a security assistant of mr boot back in two thousand and nine that was before the conviction and there is no evidence proffered by the pallant to suggest why the security assistant who accompanied boot to the thailand meeting in march of two thousand and eight why that person didn't bring the laptop forward  police operation and mr tarasoff except that on its face as a legal operation there's nothing to suggest that was a legal operation and furthermore that e mail was sent in two thousand and five more than two years before the d a initiated the investigation into victor therefore a single e mail between mike snow and purportedly andrew smillie and in two thousand and five doesn't provide any program of evidence as to what the relationship between these two individuals was in two thousand and s and i also know that small in new mike snow beginning in one thousand nine hundred three and that was a very long relationship that they had and so a single e mail taken out of context doesn't is is not definitive as to whether smoothly and went into that operation with the belief that might snow was working with the authorities and your honors for those reasons the government respectfully smits that the district court's decision to deny mr good's rule thirty three motion should be affirm of the chord specifically said was new newly discovered and that's the thai immigration record that shows smoothly and leaving bangkok on the day of their vast with an eleven hours after the takedown at the bangkok well because again that was was only eleven hours and this was a major a terrorism investigation and we're talking about placing a terrorist suspect that faces a potential life sentence into the economy class cabin immediately after the arrest in bangkok they did not hold him he just wondered about violence capital for the day and then came to the airports thank you thank you are you very much we will reserve decision in this case