We are beginning the phone hearing to resolve this motion, with Rehn and another USA for the prosecution and Cline and Patton for Storm, about to discuss the role of discussions of privacy in the defense's opening statement, and going forward, with The Rage.

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"I think the government's concern was that Mrs. Axel referred to a right to privacy. I agree with the government that this comes very close to the line ... so I am therefore cautioning the defense [that while they can discuss privacy] ... to stay away from statements like the "right" to privacy, which have legal connotations they may not be aiming to get into." - Failla

"Like the defense, I understood the government's motion to be focused on 1st amendment or constitutional principles, and that Mr. Storm was not to make arguments for jury nullification based on these principles. But I understood that if he testified, he would discuss his beliefs about privacy ... I don't believe the government's motion was not meant to eliminate the use of the word, or references to the concept, of privacy." - Failla

Judge Failla says she has reached a decision in the matter and won't need to hear oral arguments from the parties during this hearing.