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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 76 LC8Cmax3 Hess direct within the practice that Ms. Hesse practiced -- Mrs. practice or met I don't think MS. MOE: Your Honor, messag the record is made at or near the time of and becaus S ar the dates and tim message doesn't have a date or time, thodology associated wit ordered sequentially, on that subject, the rule only requ that anyone can actually say that there is a th these exhibits. because the of 262 1781 Hesse. So ires that the off ns Ss are sequential, recorded, even when a it's situated between seguentially ordered messages, which is how the record itself shows that these are sequentially kept messages that are kept at or near the time of those events. They are in chronological order and that's all that the rule requires. MR. PAGLIUCA: [ disagree with that, as well, your Honor, because when I'm going through these, again, there are some that have dates on them and then there are some that have dates out of don't have dates on them. particular practice of order on them, these books when they wer books and start writing in them at any point in time to It is common knowledge, and then ther There is no one tha using the same book at one a bunch that t can establish a th [ think, message. were instructed to take messages in. Mr. MS. MOE: Your Honor, same tim for people who were using fferent used, you can take any six di the point here is that from phone calls as take a employees they came Pagliuca's point is to weight and not authen SOUTHERN D STR CT REPORTERS, P.C. (212) 805-0300 ticity or DOJ-OGR-00013354