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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 LCLVMAX1 MR. this time period is not a collateral mat witness to this case TH statement. so you have the stand, then it's not a Rule E COURT: But something that Document 745 EVERDELL: Her memory about Well, to the ext again, tent you are at I don' 16 issue, Filed 08/10/22 Lter; Page 10 of 264 416 t anything to do with she is a central t adopt that broad tL contradicts what she I doubt i tempting to impeach -- testified to on t's a 613 a 608 issue. We may have to deal with 613 questions and what it is that we're looking at. MR. EVERDELL: Again, it's also not a 608 issue, 'd say, your Honor, because that rule deals with conduct. THE COURT: said it's not a 608 issue. MR. EVERDELL: Yes. Okay. agree with you. MR. ROHRBACH: I'm a little confused, your Honor. I think we're agreeing that, as your Honor said, if it's offered for impeachment with a proper basis for impeachment and it's not about a collateral matter, then they didn't have to disclose j in Rule 16. it's to advance the , whether in There are things that the det bu defense cas defense case, then it sho offer for impeachment, collateral mat based on a impeachment contradiction or some other proper theory of ter or might that might b b the government's case or in the uld have been disclosed in Rule 16. fense might expect to impeachment about a impeachment, but is not, in fact, , in which case it is not an admissible exhibit. SOUTH ERN D STR CT REPORT ERS, (212) 805-0300 PG ew DOJ-OGR-00017619