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- "full_text": "Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 160 of 264 1586 LC7VMAX5 Carolyn - cross 1 speak to other witnesses; and they said, Of course. That was a brief sidebar conversation that was had. 3 So just to the extent your Honor has brought up the fact that there wasn't an order specifically saying witnesses aren't to speak to one another, I certainly thought it was implied in the course and conduct of what had occurred and the sequestration order generally. 8 THE COURT: Okay. You'll brief it. 9 MR. ROHRBACH: Yes, we'll brief it, your Honor. 10 THE COURT: All right. 11 So I suppose that we can deal then in the afternoon or tomorrow with the related sub question of an area that the defense seeks to cross the witness on. 14 MS. MENNINGER: Yes, your Honor. 15 Ms. Moe and I spoke briefly. We assumed, I think, as your Honor said, that the question of gatekeeping would logically come first before dealing with a side issue if he does testify. We didn't really have a chance over the break to explore the facts of that further. 20 THE COURT: Okay. So you'll confer on that and we can take it up. I suppose we could take it up in the morning. There's going to be a lot to do in the morning. But I need to hear from you on it before I resolve the question of whether Brian will testify on the theory that I think it's likely that he will testify. 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00013173",
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- "content": "1 speak to other witnesses; and they said, Of course. That was a brief sidebar conversation that was had. 3 So just to the extent your Honor has brought up the fact that there wasn't an order specifically saying witnesses aren't to speak to one another, I certainly thought it was implied in the course and conduct of what had occurred and the sequestration order generally. 8 THE COURT: Okay. You'll brief it. 9 MR. ROHRBACH: Yes, we'll brief it, your Honor. 10 THE COURT: All right. 11 So I suppose that we can deal then in the afternoon or tomorrow with the related sub question of an area that the defense seeks to cross the witness on. 14 MS. MENNINGER: Yes, your Honor. 15 Ms. Moe and I spoke briefly. We assumed, I think, as your Honor said, that the question of gatekeeping would logically come first before dealing with a side issue if he does testify. We didn't really have a chance over the break to explore the facts of that further. 20 THE COURT: Okay. So you'll confer on that and we can take it up. I suppose we could take it up in the morning. There's going to be a lot to do in the morning. But I need to hear from you on it before I resolve the question of whether Brian will testify on the theory that I think it's likely that he will testify.",
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- "MR. ROHRBACH",
- "MS. MENNINGER",
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