With no explanation, chose the best option from "A", "B", "C" or "D". the witness as instructed by the court. Cf. United States v. Goodman, 165 F.3d 169, 173 (2d Cir.1999). The court specifically directed the Government to “just ask [the witness] the basic questions.” By limiting its questions to factual material, the Government merely facilitated the agent’s providing the court with relevant background on whether Ahn obstructed justice. As the court explained at the sentencing hearing, the prosecution’s questioning simply allowed the court “to find out what happened.” The court undoubtedly understood the nature and purpose of this questioning. Throughout the hearing, it repeatedly recognized that the Government was taking no position on the obstruction enhancement. See, e.g., Transcript of Sentencing, Nov. 16, 1999, Record Material for Appellee at 7 (<HOLDING>); id. at 12 (“The Government takes no

A: recognizing that the government  must demonstrate the reasonableness not only of its litigation position but also of the agencys actions  
B: recognizing that the government agreed not to take a position
C: holding governments position unreasonable where government advanced no legal authority for its position and applicable principle of law was long settled
D: holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact
B.