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Case 22-1426, Document 58_02/28/2023, 3475901, Page14 of 221 A-214 3133 LCRVMAXT 1 to New Mexico, where/if there was an intent for Jane to engage 2 in sexual activity. So there is still an open question in 3 their minds about whether the flight to New Mexico, that 4 travel, was for the purpose of engaging in illegal sexual 5 activity. 6 But they are now considering whether the flight out of 7 New Mexico, if Ms. Maxwell had any -- did anything to do with 8 that flight, with arranging that flight, could we convict her 9 on that count alon Because there is no, I think, evidence 10 that she arranged the flight going to New Mexico; instead, they 11 are considering now whether there's any evidence that she may 12 have arranged the flight out of New Mexico. And is that enough 1.3 to provide a conviction on Count Two? And I think the answer 14 to that is pretty clearly no -—- I'm sorry, Count Four I should 15 have said, not Count Two. Because there's no evidence of that. 16 And there is also -—- there is no —- in the 17 instructions themselves, that would not be a significant or 18 motivating purpose for that travel across state lines. That 19 would simply be for her to return home. That's not travel for 20 the purpose of engaging in illegal sexual activity. 21 MS. MOE: Your Honor, I think this colloquy 22 illustrates how confusing the note is. We are now guessing at 23 what hypothetical facts the jury is talking about; and then 24 guessing hypothetically what their legal question is on top of 25 that. And I think we're compounding guesswork, what this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020840