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Case 1:20-cr-00330-PAE Document653_ Filed 04/01/22 Page 16 of 40 of these questions, Juror 50 answered “No” on the questionnaire, but testified that the correct answer would have been “Yes (self)” for Questions 25 and 48 and “Yes (friend or family member)” for Question 49. Hearing Tr. at 7-12. Those three inaccurate answers all stem from Juror 50’s failure to disclose that he was sexually abused as a child. Under the Defendant’s interpretation of McDonough, that would be sufficient to satisfy the first prong. But the Government’s interpretation requires that the Court make a further finding that the inaccurate answers were made deliberately. After close consideration of the record, including Juror 50’s testimony under oath, the Court concludes that Juror 50’s answers to the questionnaire, while incorrect, were not deliberately inaccurate. Rather, for the reasons that follow, the Court credits Juror 50’s explanation that he “flew through” the questionnaire, misread the relevant questions, and provided inadvertently inaccurate responses. /d. at 12. As a preliminary matter, Juror 50 testified under oath pursuant to a grant of immunity. Id. at 5. He faces the possibility of perjury charges if he testified falsely at the hearing. Juror 50 therefore had a strong incentive to testify truthfully. Moreover, the Court credits Juror 50’s testimony in light of his demeanor in testifying under oath. At the hearing, the Court was able to closely observe Juror 50 as he testified and to assess his reaction to questions, including those he appeared not to expect, as well as to the overall tone of his answers. Juror 50 answered the Court’s questions in a calm and straightforward manner. He was apologetic for his carelessness. His tone, demeanor, and responsiveness gave no indication of false testimony. Further, Juror 50’s answers to the Court’s questions were logical explanations and generally internally consistent. He testified that his attention to the questionnaire was distracted 16 DOJ-OGR-00010339