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Case 1:20-cr-00330-PAE Document 739 Filed 08/10/22 Page21of43 21 LBNAMAXTps 1 would largely be in rebuttal to a government witness. 2 Mr. Flatley was disclosed by the government for similar 3 purposes to talk about the retrieval of metadata from some of 4 the devices that were seized from Epstein's home. To the 5 extent Mr. Flatley talks about the retrieval of metadata or 6 what that metadata means, Mr. Kelso may then be a rebuttal 7 witness, but we don't know yet from the government's disclosure 8 exactly what documents Mr. Flatley intends to refer to. And so 9 that's why there isn't more information about what Mr. Kelso 10 might or might not say. Frankly, we think it would largely be 1] factual. It may stray into areas about metadata if Mr. Flatley 12 offers opinions along those grounds, and we think that it's not 13 accurate. If that's true, we can provide an updated 14 disclosure, once we've heard Mr. Flatley's testimony. 15 THE COURT: Mr. Rohrbach. 16 MR. ROHRBACH: Your Honor, the exhibits that 17 Mr. Flatley is going to talk about are now marked as government 18 exhibits, and the defense has Mr. Flatley's 3500 information as 19 well as examples the government has pointed to where 20 Mr. Flatley has offered similar testimony in other cases in 21 this district and in the Eastern District. So I think the 22 government has given ample notice about what Mr. Flatley will 23 testify about. 24 But aS a more general matter, to the extent that the 25 defense provides supplemental notice at some point about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011642