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Case 1:20-cr-00330-PAE Document 773 Filed 08/10/22 Page 12 of 29 3129 LCRVMAXT 1 across state lines has to be that Jane engaged in illicit 2 sexual activity. There is no significant or motivating purpose 3 of a return trip where Mr. Epstein wasn't present; it's just a 4 return trip from New Mexico. That would not be a significant a or motivating purpose. She is just presumably going home, but 6 is not for the purpose of engaging in illicit sexual activity. 7 The testimony, if we are to believe it, is that she 8 went to New Mexico for some purpose to engage in sexual 9 activity, that's if you believe Jane's testimony. But 10 returning from there is not that purpose. Returning is 11 returning, or it's going somewher lse; it's going somewhere 12 away from where -- at least in the record, the evidence in the 13 record, if there is any -- Epstein was presumably in New 14 Mexico. This is her leaving New Mexico. So I don't think that 15 qualifies as a significant or motivating purpose. That travel 16 across state lines is for some other purpose. 17 MS. MOE: Your Honor, I don't believe this note is 18 that clear about what flight we're talking about. The note 19 begins by talking about an unspecified return flight, and then 20 it turns to talking about a flight to New Mexico. Then there's 2l a modifying clause about intent. It is unclear which of the 22 two flights we are now modifying. 23 I think the safest course here is to refer the jury to 24 the elements of the crime. think guessing at what flight 25 they may be talking about is sort of beyond the reach of this SOUTHERN D STR CT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014698