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be N Ww ws Oo OY ~] oO Ke) Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-PAE LBNAMAXTps Document 536-—«- Filed 12/10/21 Page5of43 5 up, which is why I'm telling you this now -- we can't predict what people are going to say on either direct or cross—-examination. And of course we will follow the rules. But here's an example: If someone were to say on direct Wwyt examination, I've never been in trouble in my entire life," well, then that opens up the whole panoply of what is or is not permissible under Rule 609. And so that's where we end up here. And I think, frankly, these are not issues that need to be briefed. These are issues that simply come up during trial, and if someone does something that one side or the other thinks is not appropriate, there's an objection and it's resolved. I can assure you that we are not going to do anything that is outside of the rules, and it course approach and fF we think it's even close, we would of address the issue with the Court. If the government wants, I am happy to confer more about this. If the government wants to brief it, they can. But think we end up in that place, which is, these are trial-time decisions. THE COURT: That may be true, and I suspect if you have a conversation where the government says, you can't raise under the rule a juvenile conviction for -- what was it? MS. COMEY: THE COURT: A curfew violation, your Honor. -- a curfew violation, and you say, well, of course it could be that they say, I've never been in trouble SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008315