Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writing and accept an oral waiver in lieu of a written waiver

QUESTIONS PRESENTED Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writing and accept an oral waiver in lieu of a written waiver. Assuming arguendo that courts may rely on an oral colloquy, whether the oral colloquy must include — at least in the case of a defendant who is a foreign citizen, does not speak English, and has only a minimal foreign education — advice that the jurors will be drawn from the community and the defendant may participate in their selection. i