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Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 37 of 127 37 LB15MAX2 1 information including e-mails between the defendant and Jeffrey 2 Epstein. It is difficult for the government to determine in 3 the abstract what the defense might point to, but that night 4 include, for example, a false exculpatory statement. And so 5 the government's view is unless and until there is a proffer 6 from the defense about a specific statement, that the defense 7 should be precluded from offering a statement along those lines 8 in opening statements or otherwise. 9 THE COURT: Who is taking this one? 10 MR. PAGLIUCA: Your Honor, good morning. Jeffrey 11 Pagliuca for Ms. Maxwell. 12 Your Honor, this is a trial time decision. It depends 13 on what witness is testifying and whether or not there is a 14 relevant exception to the hearsay rule. [ mean, we understand 15 the rules, we will follow the rules, and if the witness 16 testifies and it becomes relevant, we will ask the question. 17 F there is an objection, the Court will resolve the objection. 18 THE COURT: And you understand you are going to be 19 restrained by what one might say is an asymmetry between the 20 government's ability to use out-of-court statements by the 21 defendant and the defense's inability to do that, absent some 22 other -— 23 MR. PAGLIUCA: Absolutely, your Honor. 24 THE COURT: OK. 25 MR. PAGLIUCA: We understand the hearsay rules. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00007088