{ "document_metadata": { "page_number": "226", "document_number": "743", "date": "08/10/22", "document_type": "court transcript", "has_handwriting": false, "has_stamps": false }, "full_text": "Case 1:20-cr-00330-PAE Document 743 Filed 08/10/22 Page 226 of 247 358 LBUVMAX6 Jane - direct the truth or not, which is precisely why I granted the Rule 17 subpoena and, I suspect, in the opening raised this issue precisely. So whether it's true or not, the question is what is her understanding. So if the question is phrased that way, I will overrule the objection. MS. MOE: Yes, your Honor. In fact, that is exactly how I phrased that question for that reason. MS. MENNINGER: I still think it's a legal conclusion, your Honor, asking someone, you know, what is the effect of a contract or what is -- how can a contract be dissolved. It's just not within the ken of a person who is not -- THE COURT: I can give a limiting instruction that testimony is not being offered for -- as a legal instruction, but for the witness's understanding. MS. MENNINGER: Sure. That would be better -- THE COURT: Any objection? MS. MOE: No, your Honor. I think this is very commonplace, it happens all the time. For example, when cooperators testify about their understanding of whether, for example, a verdict in a case affects their cooperation agreement with the government, I don't think there's a limiting instruction; because, again, the question is about this person's understanding. I can make that very clear when I ask the question. It's directly responsive to defense arguments about whether this witness has a motive to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011998", "text_blocks": [ { "type": "printed", "content": "Case 1:20-cr-00330-PAE Document 743 Filed 08/10/22 Page 226 of 247 358 LBUVMAX6 Jane - direct", "position": "header" }, { "type": "printed", "content": "the truth or not, which is precisely why I granted the Rule 17 subpoena and, I suspect, in the opening raised this issue precisely. So whether it's true or not, the question is what is her understanding. So if the question is phrased that way, I will overrule the objection. MS. MOE: Yes, your Honor. In fact, that is exactly how I phrased that question for that reason. MS. MENNINGER: I still think it's a legal conclusion, your Honor, asking someone, you know, what is the effect of a contract or what is -- how can a contract be dissolved. It's just not within the ken of a person who is not -- THE COURT: I can give a limiting instruction that testimony is not being offered for -- as a legal instruction, but for the witness's understanding. MS. MENNINGER: Sure. That would be better -- THE COURT: Any objection? MS. MOE: No, your Honor. I think this is very commonplace, it happens all the time. For example, when cooperators testify about their understanding of whether, for example, a verdict in a case affects their cooperation agreement with the government, I don't think there's a limiting instruction; because, again, the question is about this person's understanding. I can make that very clear when I ask the question. It's directly responsive to defense arguments about whether this witness has a motive to", "position": "main content" }, { "type": "printed", "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300", "position": "footer" }, { "type": "printed", "content": "DOJ-OGR-00011998", "position": "footer" } ], "entities": { "people": [ "MS. MOE", "MS. MENNINGER" ], "organizations": [ "SOUTHERN DISTRICT REPORTERS, P.C." ], "locations": [], "dates": [ "08/10/22" ], "reference_numbers": [ "1:20-cr-00330-PAE", "743", "DOJ-OGR-00011998" ] }, "additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage." }