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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 743 Filed 08/10/22 Page 236 of 247 395 LBUCmax7 in '94, '95, and '96. So I'm not really sure. THE COURT: There was a witness who testified as to it being an accurate reflection of what the home looked like; right? MS. MENNINGER: Without saying when, yes. A witness who continued to work for Mr. Epstein up until 2019. THE COURT: I mean, I suppose you're welcome to object to foundation, but there wasn't an objection to foundation. In any event, you'll brief whether the defense is obligated under Rule 16 to produce in advance to the government documents that clearly -- and we're not talking about statements. MS. COMEY: That's correct, your Honor. We're talking about an exhibit like a photograph, something like this very exhibit seems like classical 16. So we'll brief it, your Honor. TH mal COURT: Okay. Certainly, there is at least two Situations. There is the situation in which the witness said something and you couldn't have anticipated what they said and you have something that you want to impeach with it, you couldn't have produced that in advance. So the question is not that, but obviously when you anticipate particular testimony and you have material that you think impeaches that you intend to introduce as evidence through cross examination. Whether you're obligated under Rule 16 to turn that over in advance, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017598