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Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 3 of 262 LC8Cmaxl1 1 that, even though the government is not calling him, you may 2 still seek to subpoena him? 3 MS. MENNINGER: We may, your Honor. As I mentioned, 4 we have the other brother under subpoena and some of this 5 depends on what comes out between now and our case in chief. 6 I'm not 100 percent sure I can give you ballparks of 7 likelihoods, but I think we would need to see -- I would like 8 full disclosure before we make a decision about that. 9 MR. ROHRBACH: I don't see any basis for that, your 10 Honor. The government is not calling Brian as a witness at 11 this time, so there is no basis for us to inguire more about 12 Brian's statements. The other brother is not a government 13 witness and is also not -- there is no suggestion that that 14 brother has been in conversation with Jane about anything of 15 substance in any event. That's a defense witness. Jane has 16 already testified. So there is no basis for us to inquire 17 further about that. 18 If she's subject to recall, she's subject to recall 19 for confrontation about the prior consistent statements that 20 have been introduced and not just general additional questions al by the defense. 22 MS. MENNINGER: We don't know if she's spoken to the 23 other brother, your Honor. We are not in contact with him. 24 have him under subpoena based on his interviews with the 25 government and the things he told the government during his FB SOUTH ERN DISTR CT REPORT (212) 805-0300 We 1708 BRS, Pes DOJ-OGR-00013281