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Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 207 of 264 1648 LC 7VMAX7 Carolyn - cross 1 respond to that for paragraph 39? 2 MS. COMEY: So for 39, your Honor, first with respect 3 to the time frame, I think the first clause is for the second 4 time in that month of that year. That's not inconsistent with 5 what the witness testified to. She testified she was going 6 frequently, certainly at least twice a month, through 2002. So 7 that's not inconsistent 8 With respect to the sex acts, I think here is part of 9 the issue with taking a legal document and trying to suggest 10 that the witness should have included every single detail in 11 it. It is not necessarily the case that in order to make out 12 the legal claims in this complaint, that a lawyer would have 13 needed to include anything other than fondling and 14 masturbation. So it is not to be expected that if she had told 15 her attorneys about the other sex acts, that they would have 16 included it. And so I don't think the theory of omissions 17 works with respect to the sex acts. 18 MR. PAGLIUCA: I disagree, your Honor. 19 THE COURT: Yes, imagine. 20 MR. PAGLIUCA: I mean, Ms. Comey doesn't do civil 21 work, but it is significant. And it is significant for many 22 reasons. And in particular -- 23 THE COURT: This one, there are details included. The 24 one detail that was testified to is a significant detail. So 25 with respect to 39, I'll overrule. Sorry, I'll sustain. SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 DOJ-OGR-00013220