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Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 59 of 264 465 LC1Qmax2 Jane — Cross 1 Epstein told you where to sit. She says, "I don't remember." 2 It's not an inconsistent statement. That's the difference. 3 Then you can refresh her on what she said. But if what you're 4 doing is -- right? What's inconsistent about you saying, "You iS) said X to the agent," and she says, "I don't remember." Is 6 that an inconsistency? 7 MS. MENNINGER: The statement that she gave yesterday 8 versus what her statement to the agent that's what I'm trying. 9 THE COURT: let you do that. let you do that. 10 Just now the example that drew the objection you said Epstein 11 didn't -- you told the agent you didn't sit next to Epstein and 12 she said "I don't remember." 13 MS. MENNINGER: Okay. So I will show her for that 14 type of example —-— 15 THE COURT: But agree with you if you have a prior 16 statement that is inconsistent with testimony, that's when 17 we're there. 18 MS. MOE: Yes, your Honor and in that scenario, it's a 19 question: Did you say that to the agent on this date? If not, 20 showing the witness the document and asking her to read it into 21 the record. The question is, did you make that statement? 22 MS. MENNINGER: just asked. 23 THE COURT: agree. I think you did it right up 24 until this moment when we didn't have and inconsistent 25 statement? We're in vigorous disagreement. SOUTHERN D STR CT RE PORTERS, Piss (212) 805-0300 DOJ-OGR-00017668