great thanks judge those quotations judges those quotations or examples of a number of admissions and concessions by the lead star witnesses in the government's case against her a wiper were they acknowledged that he did not have knowledge as to what was going on and he was not aware that money was being well and that those specific questions and answers had to do with that meeting in baghdad the initial meeting is isn't that correct are you contending that that is fall we can look to to decide whether there was there whether they joined the agreement i think this is the theory of case before the government is essentially to prompt there is the theory that there was the school side meeting where the overarching conspiracy just year contracts still was hatched i don't think there's any denying that i would suggest that that's the case on the monetary arrangements and the monetary arrangements correct and i suggest that could for was not part of that as the records supports because he was not part of the contracting process he was a chief of staff he had a broad range of responsibilities and he dealt with a multitude of other issues throughout the day seven days a week into each each evening the second prong of the theory before by the government was essentially that these men and women were pigs at the trial they were a group of people who had access to the vault at the c p a and they were dipping into it and taking money by the thousands and when you totaled up by the millions and if you look at what was happening there are equally stark admissions by bob stein and bruce hoffman gartner that kurt white bird did not know that that was happening now the well but simply for a reason is absolutely so what your client didn't know what didn't come to his attention is not as important for purposes of our view as what he did if i were the prosecutor arguing this case to jury i would have loved to have in my with this statement i hope he gets away with it now what would a reasonable jury make of all of that and i think there's more but i've just focused on what i can well we have to look at intent because in terms of reasonable miss kerr white for had a counter story to that he testified length as to the facts and the circumstances of this case he also put forth a very plausible explanations for what happened for example with the watch bob signed by all accounts with was a pathological liar he's a sick sick sick man who was playing people off of one another and admitted in the testimony that he played her wiper that was an exact quote so when we look for intent and assess reasonableness in this case we have to look to the these statements and these concessions by stein and huff and gardner that he didn't know what was going on because for these  been corrupt acts he had to know what was going on he had to be part of it bob stein came to him with a story and it's a story that he acknowledged in part when i question him on cross examination about the watches at this point in time he was passing himself off as a delta force operator used to walk around in black mike a feller the brilliant head of south and central had nicknames for him calling carlos the jackal and thought he was this man of great states who want to support the troops and they're giving this they want to have more they want us to have the same and this happens at a point in time when it's published and we as citizens back here in the us reading about it every day our troops were under equipped it only quipped and lacked body armor were dying when i d's words floating and this man accepted this and he admitted to the agent randy gregory that he he has a tape when he took he took it because stein had this explanation and this is this man of a decorated veteran man who we now know gave himself a silver star through forged documents in his file but we didn't know that later he said you know i better get rid of a watch on the laptop before i become a target investigation no no he said he wished he had when he was questioned and if you look back at the testimony of hoffa gardner hofmann gardner admits that he said to to wait for something along the lines spontaneous statement by hofmann gardner supports that notion so when we go to the intent judgment the us about before how we assess this for reasonable miss we have to look to these underlying circumstances in these underlying concessions by these gentlemen that remove current wife or from knowing remove kuwait wait for it from knowing what was going on because then you have a full bird colonel as you said who has gone we know to counsel to seek advice on whether or not we can do these things is this ok can i even entertain this offer tom dyer he says no even half an gardner when talking about the cars goes to him and he says is this ok and wait for it didn't assessment well he didn't think that he was dealing with them in that contracting relationship i don't think he understood the context and he did a legal assessment and he thought it was ok so when we're talking about this we're talking about intent and what when we're talking about the recent polls that therefore of what the jury concluded here and the district court concluded here these concessions these admissions by stein inhofe and gordon are that he didn't know they were still they didn't know wife or didn't know they were still in kish wiper didn't know about the poolside s reveal the truth in this mess it was a two month trial as as i know you know where was just overwhelming and every day in the jury room the jury sat there with giant rifles and the laptop computers and the watches sitting in front of them every day eight hours a day and these movies you know such a grenade launchers i think the great rene launcher was there but it was in the container ju so let me ask about council the consultation with council that wasn't about the laptops and computers it wasn't as i recall he consulted counsel about whether he could enter into this different venture this airline you're absolutely correct but that was the that was that the extent yes yes absolutely correct but i offer that as an example of the thought process the current wait for it was going through because when the watch is offered him it's offered to him as something that's completely not corrupt and also important in conjunction with that is the exchange were produced hof according to testifies about when he got the watch he said sign just handed it to him so here if you got this i want you to have this or something along those lines not here's the watch from bloom here's the watch womb got us there's no linking it to the contract so if we look at white for explanation and we're sensing reasonable news here and we're considering these other admissions that he's not part of the conspiracy doesn't know about conspiracy doesn't know about the up the steering of contracts to pull him and the only example that the government gives that remotely link swiper to the scheme is the five hundred thousand dollars for the police academy which takes place before the scheme is even hatched it removes light for from what was happening but he's obviously stuck in this morass and that's where i suggest to your honor's that the confusion arises from and the reasonable ness was lost shaker let's pretend even though we are reviewing a jury that is already there you were arguing in opposition reporting on sion here tell me everything in the record at this point that would warrant sending the case to you are certainly are on her and if i could i would for the courts convenience break it down into certain subject matter categories  so let's start with the general notion of a warning contracts to fill bloom there was testimony and this was actually through mr white for its own words after the conspiracy ended that he himself thought it was quote unquote unusual that bloom was awarded all of the police academy contracts and that he saw stein give large amounts of money to mr bloom but he never inquired further he said this to an investigator after the conspiracy and there was testimony that white furred gave blum an unusual level of access to the c p a compound non military personnel having this level of access was simply unprecedented in mr white for gave mr bloom that level of access there was testimony that mr white for it was involved in the decision to break the police academy contract into multiple smaller contracts can you be more specific about yes on saying there was testimony by both by mr stein and mr hopkin gardener and i can give the court the the appellate i'm sorry the appendix sites these are both in the wheeler appendix which  is the full transcript at pages five forty two and twelve ninety seven that mr white furred although there were other individuals involved in this ultimate decision to break break the contracts down into smaller contracts mr white for it was involved in it and was aware of the effect that it would have in other words the ability to make the decisions at c p a south central and not going to the central right  not have reviewed by baghdad and so that's the issue of awarding contracts to mr bloom now let's talk about the flip side of that quid pro quo which was receiving things from mr bloom stein actually testified that he told mr white furred colonel white furred that bloom had paid for the watch that he received now this was at thirty five hundred dollars breitling watch there was testimony but even aside from testimony i think a jury can use it common sense that military personnel are not receiving thirty five hundred dollar watches on the up and up and mr white for it in fact told investigators that he knew and i used the words up and up purposefully that he knew that it wasn't on the up and up to receive a thirty five hundred dollar watch and the jury was intitled to hear his testimony in his direction his testimony is on his own behalf that this was paid for by  benevolent people in the united states but the jury was also free to reject that second there was testimony that he flew on a seven thousand dollar first class ticket provided by mr bloom and stein testified that he told colonel white furred that bloom had provided the ticket and after the conspiracy ended mr white for coal white for told the investigators that he did know that bloom had provided this ticket and that it was wrong for him to take it now he denied saying that when he testified but again this was an issue for the jury moreover the tenor ery for that ticket said bucharest on it now mr white for new knew that he was required to go through proper military travel office procedures in order to obtain tickets somebody doesn't just hand you a ticket that says bucharest on it and there was plenty of testimony to support the finding that he knew that mr bloom's company was based in bucharest in addition bloom actually testified at trial that he was providing bribes including jewelry and airline tickets to mr white for the jury was entitled to consider that now let's turn to this nissan three fifty easy and expensive sports car there was testimony ample testimony that mr whyte for sent an email requesting this car right after he provided airline information to mr bloom and that colonel white furred at that point knew that mr bloom had provided a car or offered to provide a car to mr hoppen gardener bloom testified that hop from gardner had told colonel white furred about his vehicle and hopped in gardner testified to the same effect in fact hopf and gardner had asked colonel white furred if it would be improper for him to accept the vehicle from mr bloom and colonel white for said no now whether or not colonel white for answer to that question was in good faith or was correct or not and obviously we would submit that it was incorrect the point is that he knew that hop from gardner was receiving this vehicle free was not simply receiving a deal on it as colonel white for it later testified at trial later on colonel white furred express disappointment to hoppen gardner that his vehicle deal with mr bloom had not gone through and he told agent gregory one of the investigators that he knew that hopf and gardner had received his car as a gift and that he in turn had asked bloom for a vehicle now let's turn as my colleague said there were really if you look think about it two prongs of this case the second one was the theft of money from the c p a vault and what did mr colonel whiteford have to do with that well first of all he was involved and did in the decision to make stein the comptroller stein actually testified that white for knew that stein was taking money from the from the vault without authorization as judge smith noted colonel white for it said i hope he gets away with it when he learned that bob stein had taken seven hundred fifty thousand dollars from the vault back to airline tickets this is a separate ticket from the seven thousand dollars first class ticket that bloom provided colonel white for except a ten thousand dollar bundle of cash from bob stein to pay for an airline ticket there was testimony that the bundle of cash was banded in such a manner that made it obvious that it was from the c p a vault there was also testimony that colonel white furred when he paid out the cash for the ticket tried to hide the fact that he was paying out ten thousand dollars in cash or sixty five hundred dollars in cash from his fellow military members and he never returned the remaining thirty five hundred dollars the jury was also entitle to reasonably infer that a member of the military doesn't simply receive ten thousand dollars to bay pay for a ticket at the airport without any proper paperwork  forms anything of that sort there was testimony that mr white furred referred to the money used to pay for these gifts that he received the watch the laptop  other items as budget dust and he might have thought of it as budget does the budget does it was still money belonging to the c p a he took this laptop computer outside of the normal procurement process again no forms no paperwork anyone who works in the government and especially the military knows that you have to fill out a lot of forms i had to fill out a lot just to travel here today you don't simply get handed a laptop computer in the military and then to boot take it home with you there was testimony that he when he on one of his trips home he tried to give his money his wife some of this money which he characterized as budget dust and his wife told him his wife objected saying that this was stolen money and finally as as one member of the panel i believe it was judge smith noted after the investigation started colonel white furred when he learned that hopping gardener was being investigated became very concerned he went to his house in a hurry and he said and i believe the actual quote was i should throw the watch and laptop off of a bridge to get rid of them so this is some i wouldn't say it's complete totality but it's a large portion of the testimony that the government presented in its direct case against mr white for and again we would have to stand on that testimony but i would s it that the jury was entitle to consider mr white for testimony on his own behalf in the defense case once he chose to testify and his credibility was undermined if i'm if i may give my own opinion on that quite severely during his testimony he testified that he tried to turn in his laptop computer before leaving iraq but in three opportunities he never told investigators that he came up with that only a trial he testified and my colleague made the argument here that this watch was needed for his safety in iraq but he admitted on cross examination that no one else in his unit received such a watch except for him and hoppen gardner and finally he testified that his trip home on the ten thousand dollars given to him by bob stein was due to an order to renew his deployment in the united states and he testified that he met with two individuals in california well on cross examination it came out that those two individuals were actually not located in california at the time he was home and he was forced to admit on cross examination well i stand corrected i must have been mistaken the jury was entitle to take those types of things into consideration in evaluating his credibility and if your honour's have no further questions the government will rest thank you thank you very much my response is essentially the same as i sept worth in my reply brief and i'd like to begin with the characterization by the government that they have put forth time and time again that curtis wait for to put bob stein in the comptroller's office and the suggestion the overt suggestion was that he did it to facilitate these thefts the testimon language was clever when stein testifies he says wilkinson and wait for it but when you probe a little further the second question sasser a fair question is asked he says wilkinson and then it becomes wilkinson and white for approved of it after the fact sign goes and says wilkinson wants me to do this what do you think he says that's that's fine and this is their war hero we're talking to at this point in time it's another example of a fact put forth to support this conspiratorial notion with regard to wiper that simply wasn't reality it's not a fact wilkinson put him there was white for did not put sign there to facilitate a crime and that that's the size the argument the pervaded all of the testimony in this case the airline tickets ten thousand dollars in cash the suggestion is that he gets ten thousand dollars in cash and that's the proof that it's illegal everything was in cash it was an all cash enterprise there's a picture in evidence i don't recall fits in our appendix i don't think it is with fifty two million dollars in cash on across a giant table and all them i'm standing there around  that's how they operated it was not illegal to fly commercial current wait for bruce hoffman gardner and other military officers flew to iraq commercial on american airlines it was that the trip back flying commercial was allowed for  a business the trip back whether they want to call a vacation or characterize it as something else the trip back was during a leave he did renew his orders they were up at six and that's the six month mark obviously he was wrong about who he reported to but he renewed his orders he was also supposed to pick up weapons of poor practice but here's the key what does he do if flies back to iraq he came back with this money that c p a business therefore it's not illegal the flight home they all flew commercial mica feller flew commercial and a host of other individuals flew commercial yet the argument is that current white fur is criminal the suggestion the military doesn't receive ten thousand dollars in military officers don't receive ten thousand dollars cash who's working for the c p a it was all cash that's how they did everything they told out money by the thousands of dollars on a daily basis it would get in a car accident and hand five thousand dollars to a village or just stop a mob from surrounding them and attacking that this is how they operated on a daily basis the computer kircher white for obviously made a mistake with what he did with regard to the computer but there's no evidence to suggest that it was an overt part of a bribe or scheme it was part of an equipment order he got one and there were two other individuals that got one i forget the name of the third individual who wasn't even remotely a lead ship in part of the conspiracy chip or something and i don't recall his name but he got one was wiper wrong to bring home there's no doubt about it he had an explanation for and he should have turned it in when he returned the united states i can't dispute that fact but he had an explanation that had classified documents on it i've spoken of the watch the ticket home the car i reiterate that to assess the email about the court was an inquiry is email was he was acquiring about or at the urging of grisoft and gordon and  in assessing that court email you have to look at these other admissions he didn't know about the contracting and finally the five hundred thousand dollars contract issue with the police academy the counsel for the government open up with