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Case 1:20-cr-00330-PAE Document 382 Filed 10/29/21 Page 52 of 69 1. Ee (Accuser 4) will testify that ag (Accuser 5) "recruited" her. Mot. at 38. How? What will TE: that TE ai to her? Is it, "I am here to 'recruit you' to a sex abuse ring founded by Jeffrey Epstein and Ghislaine Maxwell, and Ghislaine Maxwell told me what to do, and I first went over there when I was under 18." Or will it simply be, "go over to Jeffrey Epstein's house and he will pay you $200 to give a massage." The answer to whether or not the "recruitment" statement is being offered for the truth of the matter asserted, or is simply offered for the effect on the listener, can only be determined at the time the statement is offered and depends very much on the content of the purported statement. At that time, the government either will or will not be successful in overcoming a hearsay objection and the grounds for the objection; if it is subsequently admitted under one of the exceptions listed under Rule 806, the credibility of the accuser-declarant will become an issue. 2. Re Vill testify that she "personally observed the sexual abuse of" . Mot. at 38. According to the government, this testimony will not include any "hearsay statements" from J. But that assertion is suspect: "Sexual abuse" is a legal phrase. In this case, it is asserted that the sexual contact was "sexual abuse" because the participant ( — Y was underage at the time; indecd J says that she saw J cngage in seemingly consensual intercourse with Jeffrey Epstein and outside the presence of Ghislaine Maxwell. So mere observation would not tell x what she saw was "sexual abuse" unless J also said something about her age, and any statement by J about her age at the time would be offered for the truth. Qa was both below and above the age of consent during the period of the charged conspiracy; the dates on which gg Supposedly observed anything will be hotly contested at trial.) The 44 DOJ-OGR-00005507