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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document536 Filed 12/10/21 Page22o0f43 22 LBNAMAXTps whether they're going to cross the line from pure fact testimony to expert testimony, I think we can deal with it at that time. TH | COURT: OK. What I would just say is, if your expert, looking at the 3500 material and the disclosure, has different expert views, you need to notice those now. But to the extent it's something that comes out at trial, that couldn't have been anticipated, then you can notice down the road. So just in terms of what, if your expert has testimony now that's different from what's anticipated in light of the government's notice and the marked exhibits and 3500 material, when would you like to provide additional notice? MS. MENNINGER: Your Honor, some of the "marked exhibits" are a placeholder for an entire hard drive that has any number of documents on it. If the government is now representing they will only be referring to the documents that are separately marked and not to exhibits that say "hard drive 58," “hard drive 85," "hard drive 96," we could do that, but they haven't made that representation. THE COURT: Fair enough. MR. ROHRBACH: Those drives are marked for identification for authentication purposes, but to the extent that the point is that Mr. Kelso is going to testify about general principles associated with the creation of documents SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR- 00008332