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Case 1:20-cr-00330-PAE Document532 Filed 12/09/21 Page2of8 The Honorable Alison J. Nathan December 8, 2021 Page 2 52. Deposition Exhibit 13 is a photocopy of some pages of some document. It is not the bound volume the government seeks to admit as Exhibit 52. Second, even if Exhibit 13 were the same thing as Exhibit 52, Ms. Maxwell expressly and repeatedly disclaimed any knowledge of what Exhibit 13 was, when it was created, who created it, and how plaintiffs attorneys came to possess it. She surely did not authenticate it or lay a foundation for its admission as a business record. The government’s last-ditch effort to admit Exhibit 52 should fail for both reasons, as well as the others this Court already identified and those provided below. ARGUMENT The government cannot authenticate Exhibit 52 or lay the foundation for its admission under Rule 803(6). “To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.” Fed. R. Evid. 901(a). When the government attempts to satisfy the authentication requirement by relying on testimony of a person with knowledge, the witness must “testi[fy] that an item is what it is claimed to be.” Fed. R. Evid. 901(a)(1). In turn, to prove an authenticated document is a business record, Rule 803(6) requires the government to prove that: (A) the record was made at or near the time by--or from information transmitted by--someone with knowledge; (B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; (C) making the record was a regular practice of that activity; DOJ-OGR- 00008266