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fe N Ww ws Oo OY ~] oO WO a oO a fe N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 549-1 LBI5SMAX2 an out-of-court statement you are putting on is hearsay. MS. M ENNINGER: Slightly di Fferent, Filed 12/17/21 Page 23 of 24 35 for the truth, it your Honor. If a witness says they interviewed if a law enforcement says they interviewed another accuser and that aAaCCUSerE Never Sd id that Ms. Maxwell was involved, that's not a hearsay statement. They just didn't mention her, it is the absence of as would be them submit of the thoroughness of that the governmen tatement. And as your Honor just ruled in terms the investigatio that's what opens the door. victims withou pads that had t puts on about tting evidence that their names on it, It is not fi, UE there is evidenc t putting those people on, introducing evidence that none of those Ms. Maxwell. THE COURT: you are not precluded Right. from putting oth t these other accusers I think us opening the door, it other people wer putting on message and then precluding us from individuals implicated So, if the government does that r evidence on. The question is what evidence would it be and would it be r the relevant rules of admissible und can resolve that in the abstract. evidence. am not sure It sounds like neither side intends to open with respect to this issue and I think we largely agree on the more guidance legal pri nciples. Ms. Menninger? for purposes of Tell me if you need opening or preparing your case. SOUTHERN D STR CT REPORT ERS, (212) 805-0300 PG ew DOJ-OGR-00008417