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Case 1:20-cr-00330-PAE Document 397 Filed 10/29/21 Page 38 of 84 But the jury could easily draw different inferences from these exhibits. The exhibits go directly to the defendant’s intent and motive, because they show Accordingly, these exhibits are probative of the issues the jury will be asked to resolve at trial and should be admitted as direct evidence of the charged crimes.’ In the alternative, this evidence is probative of the defendant’s motive, intent, plan, and knowledge, and should be admitted pursuant to Rule 404(b)(2). 8 The remaining exhibits identified in the Government’s October 11, 2021 letter are necessary to identify the parties to the emails. ’ This evidence would also be admissible to rebut defense arguments concerning similar topics, and in cross-examination of the defendant. 37 DOJ-OGR-00005821