DOJ-OGR-00016448.jpg

be 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 Case 1:20-cr-00330-PAE Document 759 Filed 08/10/22 Page 232 of 267 LCAVMAX8 Swain - cross THE COURT: Just a moment. I need to hear you. 'm not tracking. MS. MENNINGER: Okay. (At sidebar) THE COURT: Where are we going? MS. MENNINGER: Your Honor, once the government elicits co-conspirator statements under 801(d) (2) (E), under 806, I'm allowed to impeach the declarant as though they were testifying. So I'm asking questions about Jeffrey Epstein through this witness, who is the one from whom they elicited the 801(d) (2) (E) statements. That's what I believe 806 provides. THE COURT: You have a series of questions about things that Epstein didn't tell her? MS. MENNINGER: Correct. MS. MOE: Your Honor, this is all a line of argument, they are not questions. This witness doesn't know anything about it. I'm not sure what the basis is for trying to impeach Jeffrey Epstein's credibility through this particular witness. It's all argument. THE COURT: We're not going to do ten -- MS. MENNINGER: No. THE COURT: We're going to do -- MS. MENNINGER: A handful; three. THE COURT: Three questions and then move on. SOUTHERN DISTRICT REPORTERS, P. (212) 805-0300 2260 DOJ-OGR-00016448