DOJ-OGR-00014125.jpg

Case 1:20-cr-00330-PAE LCFCmaxl NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 I'm learning that today. Document 763 Filed 08/10/22 Page 19 of 197 2560 We've lost the time that we might have had, had it been raised sooner. I'll still accept the application, have your witnesses or you rest. but do I have a standard practice, which is you I have about 40 prior inconsistent statements to rule we take that up? COURT: Anything else to take up before? 'm trying to get in touch with on. Anything else befor MS. COMEY: No, your Honor. THE MS. MENNINGER: someone from the office, your Honor. THE COURT: Defe of a prior in that, quote, nse seeks to admit extrinsic evidence consistent statement under 613(b), which requires the witness is given an opportunity to explain or deny the stat to examine th My c ement and an adverse party is given an opportunity e witness about it. olleague, Ju dge Kaplan, in the Gulani (poh.) case, hopefully laid out the proper steps of the analysis. Firs statement, in to be impeach t, the Court must determine whether the proffered fact, is inconsistent with the testimony sought ed. The test is whether there is any variance between the s bearing on cr Actu Ms. Menninger tatement and the testimony that has a reasonable edibility. ally, I just thought of something, a question, . The witness you haven't been in touch with, is that one of the witnesses for whom you sought to testify under SOUTHERN D STRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014125