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Case 1:20-cr-00330-PAE Document 331 _ Filed 08/30/21 Page3of5 The Honorable Alison J. Nathan August 30, 2021 Page 3 Co-Conspirator Statements The government’s letter raises a second issue—disclosure of the purported co-conspirator statements it intends to offer at trial. The government says that, at least as of August 18, it intends to seek admission of co-conspirator statements from only two individuals: Jeffrey Epstein and the employee of Epstein’s referenced in paragraph 25(d) of the S2 Indictment. Dkt. 320 at 2. But the government also hedges, allowing for the possibility that it might identify “statements for use at trial from additional co-conspirators.” Jd. Both in its August 18 letter and during an August 24 conferral call, the government took the position that it has no obligation to identify the specific statements it intends to offer under Federal Rule of Evidence 801(d)(2)(E). The government told defense counsel that Ms. Maxwell could glean what statements might be offered from the government’s witness list and exhibit list, once those lists are disclosed on October 11. This Court has already resolved this matter, and the government’s position is another improper attempt to obtain reconsideration. After conferral, the parties spelled out their positions with respect to the disclosure of co- conspirator statements and the identities of co-conspirators. Dkt. 291 at 5, 8-9. On June 2, this Court ordered the government to disclose “co-conspirator statements” no later than October 11. Dkt. 297 at 1. In the same order, the Court additionally ordered the government to disclose its witness list and proposed exhibit list, also by October 11. /d. The Court then ordered the parties to file their motions in limine by October 18 and responses by November 1.” ? The in limine response date since has been advanced to October 25, 2021. Dkt. 330. DOJ-OGR-00005021