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2019 Federal TrialtranscripttranscriptBrian Harrington — Direct - Day 22 - 2019 Federal TrialBrian Harrington authenticated Yahoo account records, including subscriber records for KeithRaniere@Yahoo.com. The defense asked no questions.
Tanya HajjarMoira Kim PenzaMarc AgnifiloNicholas G. GaraufisBrian HarringtonMS. PENZACourt ClerkBrian HarringtonTHE COURTMS. HAJJARMR. AGNIFILOdirect
8 pages·5 witnesses·2,790 lines
Financial testimony addressed Cafritz's accounts and the defense trust, whose use the court limited to the enterprise question. Rick Alan Ross faced cross-examination about his reports and contributions. Brian Booth explained photograph metadata and an unresolved timestamp discrepancy, while the court ruled on image exhibits and their display.
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DirectDirectBrian Harrington — Direct Brian Harrington Moira Kim Penza

MS. PENZA: Thank you, Your Honor, the Government calls Brian Harrington.

(Witness sworn/affirmed.)

COURT CLERK: Have a seat and state and spell your full name for the record.

BRIAN HARRINGTON: Brian Harrington, B-R-I-A-N H-A-R-R-I-N-G-T-O-N.

(Continued on the following page.)

BRIAN HARRINGTON, called by the Government, having been first duly sworn, was examined and testified as follows:

THE COURT: You may inquire.

DIRECT EXAMINATION BY MS. PENZA:

MS. PENZA: Good afternoon Mr. Harrington.

BRIAN HARRINGTON: Good afternoon.

MS. PENZA: Where do you work?

BRIAN HARRINGTON: I work at Oath Holdings, Inc.

MS. PENZA: Is that okay if I call that Oath?

MS. PENZA: And what type of business is Oath?

BRIAN HARRINGTON: Oath is a global media technology company that offers services and products such as Yahoo Mail, Yahoo Search and Tumblr.

MS. PENZA: Where is Oath's headquarters?

BRIAN HARRINGTON: Sunnyvale, California.

MS. PENZA: And is that where you work?

MS. PENZA: What do you do there?

BRIAN HARRINGTON: I'm a senior legal specialist and a custodian of records.

MS. PENZA: What are your responsibilities?

BRIAN HARRINGTON: I respond to legal process for accountholder records and testify as needed.

MS. PENZA: Now, what is Yahoo Mail?

BRIAN HARRINGTON: Yahoo Mail is a service via the World Wide Web where a user can go and create an e-mail address to send, draft, store, and receive electronic communications.

MS. PENZA: And do your -- the responsibilities that you described before that you have, do those relate to Yahoo Mail as well?

MS. PENZA: Just one moment, Your Honor.

THE COURT: Yes, all right.

(Pause in proceedings.)

MS. PENZA: Your Honor, may I approach the witness?

THE COURT: Yes, you may.

(Counsel approaches.)

BY MS. PENZA:

MS. PENZA: Mr. Harrington, I'm showing you what's marked for identification as Government Exhibit 1824 and Government Exhibit 1825. Are you familiar with those?

MS. PENZA: AND does Government Exhibit 1824 contain a true and correct copy of a search warrant returned on the e-mail account KeithRaniere@Yahoo.com?

MS. PENZA: And does Government Exhibit 1825 contain a true and correct copy of CamillasCastle@Yahoo.com and IM --

BRIAN HARRINGTON: IMK-1000-A, I believe.

MS. PENZA: At Yahoo.com?

MS. HAJJAR: Your Honor, the Government offers Government Exhibit 1824 and 1825 into evidence.

MR. AGNIFILO: No objection.

THE COURT: All right government exhibits 1824 and 1825 are received in evidence.

(Government Exhibits 1824 and 1825 received in evidence.)

MS. PENZA: Your Honor, may I have the ELMO just for the witness and counsel?

THE COURT: Go ahead.

BY MS. PENZA:

MS. PENZA: Mr. Harrington, I'm showing you what's marked for identification purposes as Government Exhibit 1826, are you familiar with this document?

MS. PENZA: And can you just explain generally what this is?

BRIAN HARRINGTON: It is the business records containing the subscriber details for the account, KeithRaniere@Yahoo.com.

MS. HAJJAR: Your Honor, the Government offers Government Exhibit 1826 into evidence.

MR. AGNIFILO: I think with a very small redaction, there's no problem.

MS. HAJJAR: Yes, I'll take it out right now.

MR. AGNIFILO: Then we don't object.

THE COURT: All right. Government Exhibit 1826 is admitted.

(Government Exhibit 1826 received in evidence.)

MS. PENZA: Thank you.

(Exhibit published.)

BY MS. PENZA:

MS. PENZA: So, very quickly Mr. Harrington, this is for the Yahoo Mail name Keith Raniere@Yahoo.Com?

BRIAN HARRINGTON: Yes, that's correct.

MS. PENZA: And it lists alternate communication channels. What are alternate communication channels?

BRIAN HARRINGTON: Alternate communication channels are either a phone number or an e-mail address that the account holder can add if they choose to after making the account.

(Continued on the following page.)

BY MS. PENZA (Continuing):

MS. PENZA: So, there's an e-mail address, the first four letters of which are A-R-I-A and then there's a period and then there's something redacted @gmail.com?

MS. PENZA: And then there's a phone number, 518 and then it ends in 7890?

BRIAN HARRINGTON: That is correct.

MS. PENZA: And it says: Full name, Mr. Keith Raniere?

MS. PENZA: And birthday, August 26, 1960?

MS. PENZA: Thank you, your Honor. No further questions.

MR. AGNIFILO: I have no questions.

THE COURT: The witness is excused. You may stand down, sir. Have a good trip.

(Witness excused.)

THE COURT: All right. Bring back the prior witness.

Continue to next page8.Brian Booth — Direct (Recall, Part 1)