MBE Sample – Question 14 - Actual
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MBE Sample - Question 14
A defendant was prosecuted for mail fraud. At trial, the defendant moved to have all witnesses excluded from the courtroom, and the court granted the motion. The government named the investigating FBI agent as its designated representative. Upon learning that the agent would be giving testimony during the trial, the defendant moved that the agent also be excluded from the courtroom.
Should the defendant’s motion be granted?
A
No, provided that the government can show that the agent’s presence is essential to the presentation of its case.
B
No, because the government has a right to have its designated representative remain in the courtroom througtout the trial.
C
Yes, because the agent’s testimony might be influenced by the testimony of other witnesses.
D
Yes, because the defendant has a right to exclude all persons who may be called as government witnesses.
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