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Case 1:20-cr-00330-PAE Document 227 Filed 04/21/21 Page3of3 Page 3 Walder, 347 U.S. at 65. Accordingly, the Court need not resolve the pending suppression motions, because the Government does not intend to use these materials in its case-in-chief. However, to the extent the defendant puts these materials at issue at trial either through the defense case or cross-examination, the Government reserves its right to use these materials, for example, to cross-examine the defendant, or to offer prior consistent statements of witnesses, should it be appropriate to do so. In addition, the Government further reserves its right to use these materials at trial for any purpose that would be permissible under the Federal Rules of Evidence, even assuming these materials were suppressed. Respectfully submitted, AUDREY STRAUSS United States Attorney By: __/s Alison Moe / Maurene Comey Lara Pomerantz / Andrew Rohrbach Assistant United States Attorneys Southern District of New York Cc: All Counsel of Record (By ECF) DOJ-OGR-00003920