DOJ-OGR-00014283.jpg

Case 1:20-cr-00330-PAE LCHVMAX6 Document 763 Filed 08/10/22 Page 177 of 197 2718 1 where the deposition excerpt was contained. 2 THE COURT: Okay. 3 MS. MENNINGER: And it's on that page 45. It's the 4 first question on that page. 5 THE COURT: All right. 6 I'm sustaining the objection. 201(a) has not been 7 sufficiently established, in light of the posture of the 8 litigation and what was materially in dispute. y) What's next? 10 MS. MENNINGER: With respect to 804(b) (1), your Honor, 11 for the deposition excerpt for Mr. Epstein. 12 THE COURT: Okay. Okay. Mr. Rohrbach. 13 MR. ROHRBACH: It is the same objection here, your 14 Honor. Since this is a question about a fact that was the 15 precise -- sorry, let me -- 16 THE COURT: It's not the same. 17 MR. ROHRBACH: It's not exactly the same. But let's 18 look at the language of 804, which is, in order for it to be 19 offered against a party, the party has to have had an 20 opportunity and similar motive to develop it. 21 The government's motive in developing this fact is 22 completely different than it was in the civil litigation. The 23 government's motive here is to determine where Mr. Epstein 24 personally lived. The government's motive in this deposition 25 was to determine whether he had moved -- whatever that means —- SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 DOJ-OGR-00014283