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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 LCGCmax4 is a collateral matter. Document 761 Lo ftus —- direct It doesn't go Filed 08/10/22 Page 147 of 246 2442 to bias or impeachment. That —- THE COURT: Is that a 401 objection? MR. ROHRBACH: Well, it's not a form of impeachment of Kate's testimony. So I guess it's 401 or it's not within the common law motion to show bias or motive. It is not probative on the question of any monetary incentive by Kate whatsoever. There is no mention of money, no suggestion of her motive for doing anything in that sentence. It's very difficult to parse, without the witness's speculation, might be referring to, and irrelevant testimony. THE COURT question is just the recounting of fell into my lap. MR. THE a 401 objection. MR. ROHRBACH: COURT: ROHRBACH: Right. So [ wouldn't permit that. It's a 401 objection, about what he tho what he said, I think you mean that's -—- your which is it's certainly objectionable I guess the she said, Honor, ught Kate it and I think it's we think it's extrinsic evidence on a collateral matter because it's not impeachment about any ot asked about that on cross, denial can't be im she denied th F the core subjects. MS. ST ERN HE M: Judge, motive and bias ca peached with ext i statement. Her trinsic evidence. SOU TH ERN D STR CT RE PORT ERS, (212) 805-0300 2) n be attacked in this manner. t's my understanding that The witness She was DOJ-OGR-00016630