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Case 1:20-cr-00330-PAE Document 719 _ Filed 07/12/22 Page4of8 The Honorable Alison J. Nathan December 13, 2021 Page 4 The second was that she lived on Kinnerton Street in the Belgravia neighborhood of London. See 3513-037 at 3 (FBI 302) (Kate saying she lived at an apartment in the Belgravia neighborhood of London); id. at 8 (describing Ms. Maxwell’s Kinnerton home as “across the street” from a pub “called ‘Nags Head,’” which is in Belgravia). Until Kate testified and committed to one of these versions of events, Ms. Maxwell could not have known whether the 1996 Agreement would be relevant and admissible at trial. After all, if Kate had testified that she visited Ms. Maxwell in 1994 at Ms. Maxwell’s home in the Kensington neighborhood of London, the 1996 Agreement for the sale of the Kinnerton Street home in the Belgravia neighborhood of London would have been irrelevant. See Fed. R. Evid. 401, 402. Because Ms. Maxwell did not intend to use the 1996 Agreement as evidence until after Kate testified, and because Ms. Maxwell disclosed the 1996 Agreement to the government as soon as she decided to use the agreement as evidence, there was no violation of Rule 16. The government is doubly wrong to imply impropriety by saying that the defense “made a point of confirming with Kate on cross examination specifically that the defendant lived on Kinnerton Street across from the Nags Head Pub—twice.” Gov. Letter at 5 (citing TR 12/6/2021, pp 1235, 1253-54). It was the government that first elicited testimony from Kate that Ms. Maxwell allegedly lived at Kinnerton Street in the Belgravia neighborhood of London in 1994. TR 12/6/2021, p 1172, 1176-77. The questions Ms. Maxwell asked Kate on cross-examination and the evidence Ms. Maxwell now intends to use are responsive to, and impeachment of, Kate’s testimony offered on direct examination. See TR 12/6/2021, p 1253:18-23 (“Q. Now you’ve testified that you met Ghislaine at her home on Kinnerton Street when you were 17 years old; DOJ-OGR-00011336