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- "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 63 of 127 63 LB15MAX2 would go to authentication. I just don't know if I am in a position to rule at this point but let me ask both sides if anybody intends -- I mean, take Exhibit 52, is that going to be mentioned in opening? MS. MOE: Your Honor, the government doesn't anticipate opening with respect to Government Exhibit 52 but may address, in opening, other categories of exhibits, for example, the message pads that I just referenced. MS. MENNINGER: Your Honor, that's a problem. In terms of the message pads that have a post-conspiracy date on them without a witness who can authenticate them under any exception under hearsay in opening statements, we would strongly object to that. I still have not heard appropriate grounds to lay a foundation or relevance for those. THE COURT: Yes. Let's take the message pads. Who will authenticate? MS. MOE: Your Honor, a number of witnesses. I think we would be offering those messages at the conclusion of a series of witnesses laying foundation for their authenticity including law enforcement witnesses and employees talking about the circumstances under which messages were maintained but we don't anticipate offering messages in those message books that post-date the time frame of the charged conspiracy. THE COURT: OK. So the government will not mention any message pads that post-date the charged conspiracy in its SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00007114",
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- "content": "LB15MAX2 would go to authentication. I just don't know if I am in a position to rule at this point but let me ask both sides if anybody intends -- I mean, take Exhibit 52, is that going to be mentioned in opening? MS. MOE: Your Honor, the government doesn't anticipate opening with respect to Government Exhibit 52 but may address, in opening, other categories of exhibits, for example, the message pads that I just referenced. MS. MENNINGER: Your Honor, that's a problem. In terms of the message pads that have a post-conspiracy date on them without a witness who can authenticate them under any exception under hearsay in opening statements, we would strongly object to that. I still have not heard appropriate grounds to lay a foundation or relevance for those. THE COURT: Yes. Let's take the message pads. Who will authenticate? MS. MOE: Your Honor, a number of witnesses. I think we would be offering those messages at the conclusion of a series of witnesses laying foundation for their authenticity including law enforcement witnesses and employees talking about the circumstances under which messages were maintained but we don't anticipate offering messages in those message books that post-date the time frame of the charged conspiracy. THE COURT: OK. So the government will not mention any message pads that post-date the charged conspiracy in its",
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