UPDATED: 4 PM EDT — The able AUSAs just filed a reply/rejoinder, to Mr. Shkreli’s of this afternoon, below — as they walked into court, this afternoon. Here it is (as a six page PDF file) — as well. [Their original motion is about four paragraphs below. End, update.]
The able Judge Matsumoto just ordered both sides to show up in Brooklyn in an hour, so that she may conduct some “from the bench” questioning, in real time, with no jury present — and hear oral argument — on the pending motions:
…SCHEDULING ORDER as to Martin Shkreli.
The court will hear argument on the government’s  motion and defendant’s  response at 4:00 p.m. on Thursday, July 20, 2017….
Ordered by Judge Kiyo A. Matsumoto on 7/20/2017….
And here is the 22 page PDF file of Mr. Shkreli’s opposition memo of law. It was filed an hour or so ago.
I still think the government has the better of the arguments ( as a refresher, the government’s motion to admit is here). The agreements (subject to limiting instructions) are clearly admissible in any way the government chooses to present its case.
It is not the obligation of the AUSAs to provide Mr. Shkreli with opportunities to take pot shots at the people who signed the agreements. And the reason they won’t agree to testify in Mr. Shkreli’s case is (wait for it!)… not due to government overreach, of any sort — but due to Mr. Shkreli’s very shabby treatment of all of them. [When people get spooked because they might have (at least arguably) conspired/colluded with a kingpin — in commiting felonies, it is not the government’s duty to help the kingpin get these same people on the stand as “hostile” witnesses, for the defense. Of course, Mr. Shkreli will not be called, in a week or two — in the defense’s case, to “clear all this up” — as that would put him in the cross-hairs of some brutal cross-examination.]
The government is not obligated to even arguably damage its own case, solely help you win your case, once you invoke your fifth amendment rights. No one is preventing these witnesses from being called by the defense, that is. But don’t hold your breath — they aren’t going to show up and be helpful to Mr. Shkreli’s cause. No chance, and that is what has the defense so addled, at bottom.
Something we’ve seen over and over and over, in these four weeks — Mr. Shkreli’s karma coming back to him.
Welcome to your karmic wheel, Mr. Shkreli.
Onward, and Namaste…