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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 745
Filed 08/10/22
Page 150 of 264 561
LC1Qmax4 Jane — Cross
1 here, and it's an important one is, as a proponent of the
2 vidence, the defense has the burden of establishing its
3 relevance. At this point what they've articulated is that they
4 want the exact figure that was disbursed, which this witness
a has already testified to and --
6 THE COURT: It's just a document of that agreement.
7 I'm going to overrule this objection.
8 Anything else?
9 MS. MOE: Your Honor, in our view, this sort of opens
10 the door to a lot of legal issues related to the settlement
1] funds that are not proper before the jury. It's cumulative of
12 the testimony about this particular figure and would be
13 confusing about its particular terms.
14 THE COURT: Yes, that's what I just overruled.
15 MS. MOE: Understood, your Honor.
16 THE COURT: Anything else to take up? We'll break for
17 lunch for 45 minutes. Thank you.
18 And, Ms. Menninger, if you have an argument that
19 you're going to pierce attorney-client privilege --
20 MS. MENNINGER: Yes, your Honor. Can we take that up
2l right after lunch in a sidebar? I believe I have grounds.
22 THE COURT: You have to speak into the microphone. It
23 should have been briefed. I think that would be clear, but,
24 yes, I'll meet with you in 40 minutes. You'll confer in
25 advance.
SOUTHERN DISTRICT REPORTERS, P.C.
(212%) 805-0220
DOJ-OGR-00012170