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U.S. v. Htut

Defendant May Depose Unavailable Witnesses in Myanmar Under Rule 15 for Relevant Testimony

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OPINION & ORDER The Government charged Defendant Phyo Hein Htut (“Defendant”) with one count of conspiracy to assault a foreign official in violation of 18 U.S.C. §112(a), through an indictment filed by the Government on December 5, 2022 (ECF No. 26).1 By motion noticed on March 16, 2023 (ECF No. 35), Defendant requested this Court grant Defendant leave to take depositions of (“Witness-1″), and (“Witness-2″), pursuant to Rule 15 of the Federal Rules of Criminal Procedure (“Rule 15″). For the following reasons, the Court GRANTS Defendant’s motion. BACKGROUND The following facts are drawn from the criminal complaint filed in this matter (Complaint (“Compl.”), ECF No. 1), the indictment (ECF No. 26), and the parties’ submissions (ECF Nos. 35, 36, 39). In February 2021, the Burmese military overthrew Myanmar’s elected civilian government. (Compl. 5.a.) The Myanmar Permanent Representative to the United States (the “Ambassador”) represents Myanmar’s now-deposed civilian government, and the Burmese military has proven unsuccessful in its attempts to remove the Ambassador from his position. (Id.) Following the coup, (“Individual-1″), an arms dealer in Thailand who sold weapons to the Burmese military, asked Defendant to hire a hitman to injure or kill the Ambassador. (Id. at

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