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Case 1:20-cr-00330-PAE Document 453 Filed 11/12/21 Page 48 of 52 a pre-trial hearing at which the government must demonstrate that the proposed evidence is both authentic, admissible, relevant and not unduly prejudicial. B. Government Exhibit 52 Government Exhibit (GX) 52 was acquired by the government as part of a sting operation from Alfredo Rodriguez. Mr. Rodriquez worked for Jeffrey Epstein for approximately six months, from late 2004 to early 2005. In 2009, he was deposed and then ultimately arrested in an undercover sting operation in which the government claims exhibit 52 was seized from Mr. Rodriguez, apparently on or about November 3, 2009, by onc . who is not listed as a testifying witness. No one knows where or when the exhibit was acquired by Mr. Rodriguez, what he did with it for as long as he had it, who may have created the exhibit, and where it came from. In its Response, the government does not identify what it claims this exhibit to be, who might authenticate the exhibit, only that a “witness with personal knowledge of the physical book is expected to testify to its authenticity.” Resp. at 73. Given that Mr. Rodriguez is dead, and J is not a witness, we are left to wonder who this foundational witness may be. The government further claims that even if the exhibit is hearsay, it is admissible, not for the truth of the matter asserted, but to show “the defendant kept contact information for relevant individuals at trial, including victims.” /d. These are bold, unexplained claims that Ms. Maxwell disputes. The proffers here are inadequate to meet any burden of admissibility. The government should not be allowed to refer to the exhibit prior to the establishment of an adequate foundation; and Ms. Maxwell requests a pretrial evidentiary hearing on this issue. C. The Palm Beach Search of El Brillo Way Again, the government claims that it will have live witnesses “to establish the authenticity of the evidence at trial.” It does not identify the witness or the basis of that person's 42 DOJ-OGR- 00006928