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Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 19 of 43 19 LBNAMAXTps 1 for the truth, that it is being, as I understand it, being 2 offered for the effect on the listener, and so really there 3 is -—- it's a potential relevance issue and not a hearsay issue. 4 I think this needs to play out at trial, but tell me if anybody 5 disagrees with that. 6 MS. COMEY: We agree, your Honor. 7 MR. PAGLIUCA: Agreed. 8 THE COURT: And then the other one, the government is 9 seeking admission pursuant to 801(d)(2)(E), and in question is 10 whether the statement was made during the course of and in 11 furtherance of that conspiracy. 12 I don't think I have enough to answer that before me. 13 So can either hear more now or let it play out at trial. 14 MS. COMEY: think it should play out at trial, your 15 Honor. 16 MR. PAGLIUCA: Yes. agree, your Honor. 17 THE COURT: Great. Thank you. All right. That takes 18 care of that. 19 Next are the four additional individuals that the 20 defense disclosed as potential experts. So we've got Kelso and 21 Lopez, who, it strikes me, are primarily potentially fact 22 witnesses and not expert witnesses, with the exception of that 23 Kelso tes -- so I think first, let's see if we get agreement 24 on: Lopez would be fact testimony, correct? 25 MR. ROHRBACH: That's the government's understanding, SOUTH BRN D STR CT REPORT (212) 805-0300 ERS, P, DOJ-OGR-00008329