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- "date": "02/28/2023",
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- "full_text": "Case 22-1426, Document 58, 02/28/2023, 3475901, Page19 of 221\nA-219\n3138\nLCRVMAXT\n1\nTHE COURT: I can't answer this ambiguous question no.\n2\nI don't know that the answer is no, even with the ambiguity;\n3\nbecause I don't know if what they have in mind is an aiding and\n4\nabetting question, which we haven't discussed yet.\n5\nMS. MENNINGER: They never used the word \"abet.\"\n6\nTHE COURT: That's true. I won't assume that's the\n7\nquestion for purposes of the answer, but I also don't assume\n8\nthe meaning that you've put on it for purposes of the answer.\n9\nSo the only solution here is to say, I direct you to consider\n10\nthe full instruction on Element 2 of Count Four on page 28.\n11\nMS. MENNINGER: Our request would be to emphasize the\n12\nportion of that that talks about the purpose of the travel.\n13\nBecause they have highlighted the purpose of the travel in\n14\ntheir question. And the way I read it is certainly that that's\n15\ntheir question. If they don't have evidence that the intent on\n16\nthe return flight was for purposes of sexual activity, then I\n17\ndo think the answer, as Mr. Everdell said is, no, they can't\n18\nconvict.\n19\nMS. STERNHEIM: May I have a moment?\n20\n(Counsel conferred)\n21\nMR. EVERDELL: Your Honor, I'm sorry to raise another\n22\nissue, but I think we have to, given the note itself.\n23\nOne moment. Sorry. The photograph on the phone keeps\n24\ndisappearing.\n25\nWe're talking about they are referring to Count Four,\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00020845",
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- "content": "THE COURT: I can't answer this ambiguous question no.\nI don't know that the answer is no, even with the ambiguity;\nbecause I don't know if what they have in mind is an aiding and\nabetting question, which we haven't discussed yet.\nMS. MENNINGER: They never used the word \"abet.\"\nTHE COURT: That's true. I won't assume that's the\nquestion for purposes of the answer, but I also don't assume\nthe meaning that you've put on it for purposes of the answer.\nSo the only solution here is to say, I direct you to consider\nthe full instruction on Element 2 of Count Four on page 28.\nMS. MENNINGER: Our request would be to emphasize the\nportion of that that talks about the purpose of the travel.\nBecause they have highlighted the purpose of the travel in\ntheir question. And the way I read it is certainly that that's\ntheir question. If they don't have evidence that the intent on\nthe return flight was for purposes of sexual activity, then I\ndo think the answer, as Mr. Everdell said is, no, they can't\nconvict.\nMS. STERNHEIM: May I have a moment?\n(Counsel conferred)\nMR. EVERDELL: Your Honor, I'm sorry to raise another\nissue, but I think we have to, given the note itself.\nOne moment. Sorry. The photograph on the phone keeps\ndisappearing.\nWe're talking about they are referring to Count Four,",
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- "content": "DOJ-OGR-00020845",
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- "02/28/2023"
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