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Case 22-1426, Document 58_02/28/2023, 3475901, Page15 of 221 A-215 3134 LCRVMAXT 1 question is about. And so the question is about the element; 2 the charge is about that particular element. JI think more 3 guesswork here makes this more confusing and not less 4 confusing. I think, as the Court pointed out, some aspects of 5 this note are about aiding and abetting. And so even referring 6 the jury just to instruction number 21 leaves out that aspect 7 of the jury's deliberations and their determination on this 8 particular issue. And so we think the safest course is to 9 provide the jury with applicable law in this area, and they can 10 Find the facts as they see fit and as they apply to these 11 particular instructions. 12 MR. EVERDELL: Your Honor, I don't think this is a 13 question about aid and abetting, broadly speaking. I think 14 they are talking about the flights to and from New Mexico. 15 think that much is pretty clear from the note. And whether or 16 not Ms. Maxwell had anything to do with arranging that 17 travel —— 18 THE COURT: But your legal contention is she can't be 19 found guilty of this count unless the jury concludes that she 20 aided in the transportation to New Mexico. 21 That's not legally accurate, is it? 22 MR. EVERDELL: Your Honor, the instruction itself says 23 it has to be a significant or motivating purpose for the travel 24 across state lines. 25 THE COURT: Right. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020841