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Case 1:20-cr-00330-PAE Document 711 Filed 07/12/22 Page 2 of 11 447:2 — 447:20 3509-002, p. 1 GM walked by w/ dog. JE came up to meet her. Objection. The shorthand notes in 3509-002 was turned into an FBI 302 which makes clear that the statement was consistent. See 3509-001 p.1, second paragraph. Witness was crossed on the notes; the agent's typed report was three months later. The notes and report are inconsistent with each other and the witness. A live witness should clarify. untethered from time to constitute an inconsistent omission. To the extent it is, the witness was not confronted with 455:3 — 18 3509-008, p. | They visited Jane one to | Objection. Not | The witness did 12, 4th two times at her house | inconsistent with | not agree that the paragraph in Florida. This was the witness’s statement was about a year or two testimony, and accurate, after meeting him. when confronted | equivocated with with the "I guess.” statement, she Entitled to said it was demonstrate correct. prior inconsistent statement per FRE 613. 470:21 — 3509-005, p. | Fairly early on Maxwell | Objection. FRE 613(a) does 471:18 3, first ‘joined in’ and started Defense counsel | not require that paragraph taking her clothes off. did not show the | witness be This was about six witness the shown months into being with | inconsistent document; gov't them. Jane was still 14 | statement counsel could at this time. Jane does have requested not have a specific the cite (as they memory of the first did with others). time. 471:18 —22 3509-008, Objection. Witness testified omission Question is too on direct to an vague and entire scenario with our client that was omitted from the 302 reports. Impeachment by omission. DOJ-OGR-00011290