The case remains sealed because of concern over pre-trial publicity.
But Justice Department officials contend that is necessary because they are already worried that extensive pre-trial publicity will hurt their case.
Illingworth and Faigan unsuccessfully tried to get the case dismissed early on by saying that pre-trial publicity was "highly prejudicial."
Federal prosecutors opposed motions to move the case outside of Arizona because of pre-trial publicity.
Toward the end of the day Sirica moved on to the question of pre-trial publicity.
Jurors would be those who had no opinion about the case, the judge said, and therefore the concern about pre-trial publicity was irrelevant.
There is reason to believe that courts do not generally grant a change of venue upon a reasonable likelihood of prejudice from pre-trial publicity.
Others have speculated that his conviction is a certainty -that he cannot receive a fair trial, primarily because of pre-trial publicity.
Her trial had to be moved from Clovis, California, to Los Angeles due to the pre-trial publicity.
He further agreed, based on the record, that questions regarding pre-trial publicity were not required.