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In a pre-trial ruling last year, the court heard charges against Ringling Bros for the treatment of six elephants, as opposed to the 53 that the circus has in its possession.
In her statement Smith said she believed the risk of Abu Qatada skipping bail has increased.
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The charges were "without merit", the company said in a statement after the 2007 trial.
Around 256 international soldiers have lost their lives in the country this year, according to the icasualties.org website that monitors the US-led wars in Iraq and Afghanistan.
There were approximately 200,000 Asian elephants in the world in 1900.
Feld Entertainment would demonstrate "during the trial that its elephants are healthy, alert and thriving", she said.
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Rider, a Ringling employee from 1997 to 1999, said the only time the elephants are let off their chain "is when they are performing".
The trial Nike Vintage Blazer Black Low is the culmination of eight years of legal wrangling to bring the case to a federal court.
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Michelle Pardo of Fulbright & Jaworski, the law firm representing Feld Entertainment in the case, said that animal rights advocates were "distorting the facts by making false allegations about the treatment of Ringling Bros elephants".
"We look forward to finally having the opportunity to establish at trial that Ringling Bros inhumanely and unlawfully mistreats the endangered Asian elephants it uses to perform in shows all across the country," said plaintiff lawyer Katherine Meyer ahead of the trial.
The circus, which travels by train across the United States, was created by seven brothers in the 19th century, and grew largely through the success of its elephant shows.
The elephants, which in the wild routinely walk long distances each day, were reported to be chained up in some instances for 26 hours at a time.
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