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be N Ww ws Oo OY ~] oO WO Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 43 of 197 LCHVMAX2 precluded. THE COURT: 've 2584 relitigated so many issues in this case, so But pattern. seeks to affirmatively -- "call FB I suppose this is just said in my ruling, in its brief, and what documents they subpoenaed, the charges. would permit (2) government puts the thoroughness of issue, as this and they did not. beholder, ruling. MR. EVERDELL: trying to be contrary. ruling when I was Looking Your the government's use or nonuse of techniques does not tend to show That's transcript at page 20. too would be permissibl I'll quote from and when. t going out with the same the defense the brief -- case agents as witnesses" to ask who they talked to, But as the Second Circuit explained in Saldarriaga, fF certain investigative the defendant's innocence of And I also said I the defense to cross-examine law ent Fficers about the investigative steps that were Forcement taken if the investigat just went back to the premise of I suppose words have meaning in the eyes of Honor, I did see that. the tion into impeachment on cross, the but what you're suggesting is directly contrary to my I'm not your at the transcript cites and the cases that you cited as premise issue became a live issue thought it appropriate to when we had Jane's test see if for your ruling. we could revisit timony, SOUTHERN D STRICT REPORTERS, P.C. (212) 805-0300 And because this t this to see DOJ-OGR-00016772