DOJ-OGR-00016768.json 4.4 KB

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  3. "page_number": "39",
  4. "document_number": "763",
  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 39 of 197\nLCHVMAX2\n2580\n1 THE COURT: How about this: I'll let you ask the agent -- I suppose I'll hear from the government.\n2 What is the time period of the allegations that she investigated?\n3 MS. COMEY: Your Honor, I think that the investigation that this agent was the case agent for was much broader than the charges here. And so it could lead to avenues that are not appropriate for this trial and that are irrelevant to this trial. And I think that your Honor's pretrial ruling was crystal clear here that this is not appropriate direct testimony by the defense.\n4 Defense counsel, in almost every trial, stands up in front of a jury and says, You didn't see this kind of evidence, you didn't see DNA, you didn't see phone records. And they don't need to put an agent on the stand to prove that negative. They are able to make that argument without having to put on that case through affirmative agent testimony, and the same is true here.\n5 THE COURT: You can certainly argue to the jury from the indictment and what they are being instructed to determine what the age of the allegations are.\n6 MR. EVERDELL: Okay. I understand, your Honor.\n7 As we're doing this, I think maybe we should raise a few other points, since I don't want to violate the judge's ruling.\n8 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\n9 DOJ-OGR-00016768",
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  14. "content": "Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 39 of 197",
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  19. "content": "LCHVMAX2 2580",
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  24. "content": "1 THE COURT: How about this: I'll let you ask the agent -- I suppose I'll hear from the government.",
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  29. "content": "2 What is the time period of the allegations that she investigated?",
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  34. "content": "3 MS. COMEY: Your Honor, I think that the investigation that this agent was the case agent for was much broader than the charges here. And so it could lead to avenues that are not appropriate for this trial and that are irrelevant to this trial. And I think that your Honor's pretrial ruling was crystal clear here that this is not appropriate direct testimony by the defense.",
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  39. "content": "4 Defense counsel, in almost every trial, stands up in front of a jury and says, You didn't see this kind of evidence, you didn't see DNA, you didn't see phone records. And they don't need to put an agent on the stand to prove that negative. They are able to make that argument without having to put on that case through affirmative agent testimony, and the same is true here.",
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  44. "content": "5 THE COURT: You can certainly argue to the jury from the indictment and what they are being instructed to determine what the age of the allegations are.",
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  49. "content": "6 MR. EVERDELL: Okay. I understand, your Honor.",
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  54. "content": "7 As we're doing this, I think maybe we should raise a few other points, since I don't want to violate the judge's ruling.",
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  59. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  68. "entities": {
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  70. "MS. COMEY",
  71. "MR. EVERDELL"
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  74. "SOUTHERN DISTRICT REPORTERS, P.C."
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  78. "08/10/22"
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