PAUL A. CROTTY, District Judge.
The Government has moved this Court to implement certain security measures designed to protect from disclosure the true identities of one or more Central Intelligence Agency ("CIA") witnesses expected to testify at trial. See Dkt. 199 at 1. Specifically, the Government requests that the courtroom remain closed to members of the public, subject to certain exceptions, during those witnesses' testimony.
Further, the Government's sealed motion seeks an order permitting the "Protected Witnesses" to (1) testify using pseudonyms, (2) use a non-public entrance to enter and exit the courtroom, (3) precluding cross-examination that would reveal any aspect of their true identity, and (4) prohibiting sketching or other recording of their faces, and pixilation of any publicly released images of their faces.
The First Amendment ... has consistently been read to provide the public and press a right of access to criminal trials. United States v. Smith, 426 F.3d 567, 574-75 (2d Cir. 2005). To close the proceeding to which such a right of access attaches, the Court must provide notice to the public to ensure an opportunity to challenge court closure from persons other than the litigants. See Application of The Herald Co., 734 F.2d 93, 102 (2d Cir. 1984). Thus, before deciding this motion, the Court is affording members of the public and press an opportunity to challenge or object to the Government's proposal.
The Government is directed to file a public version of the proposed specific courtroom closure measures by close of business Thursday, January 23, 2020. The Court will hear any comments or objections at a public hearing scheduled for Monday, January 27, 2020, at 2 p.m. in Courtroom 14C at 500 Pearl Street, New York, New York.
SO ORDERED.