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Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 57 of 264 463 LC1Qmax2 Jane — Cross 1 recall," you can say, "Didn't you say the following to the FB 2 agent," and then —- 3 MS. MENNINGER: So I believe that I do not have to 4 refresh for impeachment, but can ask her -- a THE COURT: Youtre claiming that because she doesn't 6 recall what she said, it's an inconsistent statement. There's 7 not an inconsistency there. 8 MS. MENNINGER: So, can ask her, "Did you say this?" 9 She can say, "I don't recall." And then can say, "Isn't it 10 true you said it on this date?" And she can say, "No, 11 didn't" or "I still don't recall." 12 THE COURT: Every trial I've been to with these 13 materials I've presided over and there's been a lot in ten 14 years -- this precise thing happens. You testified X. Didn't 15 you tell the agent some variation of x or Y. 16 I don't remember way said to the agent. 17 You show them the 302. Does that refresh your 18 recollection, or didn't you -- and didn't you say if it doesn't 19 refresh your recollection and then you get to do precisely what 20 you're doing. 21 MS. MENNINGER: Your Honor, may I get the statute book 22 because it says right in 613. 23 THE COURT: Sure. 24 MS. MENNINGER: Yesterday I tried to show the witness 25 an exhibit and I was directing her to when the exhibit was made SOUTH ERN D STR CT R G iPORT ERS, (212) 805-0300 2) DOJ-OGR-00012077