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Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page 6of43 6 LBNAMAXTps 1 in my life, think you can come to point of agreement, can't 2 you? 3 MS. COMEY: Yes, your Honor. Indeed we told the 4 defense that we by no means mean to bind the defense against 5 raising an issue that comes up during direct. We just wanted 6 to know ex ante as things stand, do they have a good-faith 7 basis to believe that there's a grounds for cross-examination 8 along those topics. 9 THE COURT: It sounds like, I bet, this conversation 10 could happen without me and everybody else in this room. But 11 I'm glad to be here for you. 12 MS. COMEY: Thank you, your Honor. 13 MR. PAGLIUCA: Thank you, your Honor. Thank you. 14 THE COURT: What's next? 15 MS. COMEY: Your Honor, the other issue was, we've 16 become aware recently of a number of subpoenas that the defense 17 has served on witnesses. There's one in particular that we 18 wanted raise at this juncture, which is, the defense has served 19 the attorney who currently represents Minor Victim 4 with a 20 subpoena, seeking his testimony at this trial. We've attempted 21 to confer on this issue because the government has no idea what 22 admissible testimony that attorney could possibly offer at this 23 trial that would not be covered by attorney-client privilege. 24 We would move to preclude it, but we cannot fathom what the 25 testimony would be. And so we're raising it with your Honor SOUTH BRN D STR CT RE PORTERS, (212) 805-0300 DOJ-OGR-00011627