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- "full_text": "Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 156 of 264 LC1VMAX5 Jane - cross he mentioned he told her it would help her case? MS. MENNINGER: Yes, your Honor. Because prior to that line, he's disclosing that he discussed whether cooperating with the case and then ultimately gets to the question of testifying in the case, he says, were the morally right thing to do. And they had discussed how testifying at trial was the right thing to do. He also mentioned that he had told her it would help her case. It is slightly ambiguous. I don't know if it refers back to the entirety of the things said before it, but that's what the email or the note says. THE COURT: Okay. So you want to ask her if she had any basis to conclude that her participation as a witness here would help her civil litigation recovery prospects. MS. MENNINGER: Right, your Honor. If it were a cooperation agreement and a witness had cooperated and someone had promised that they would get a lesser sentence if they cooperated, I can see that also being admissible. So maybe just the -- THE COURT: The attorney's advice to the client about whether they should take a plea and what assistance that might get them and all of that obviously is privileged. MS. MENNINGER: It is, until you disclose it to the government. I totally agree with that, your Honor. THE COURT: Okay. So then the question is if she answers yes to that question, I had some reason to believe that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00012176",
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- "content": "he mentioned he told her it would help her case? MS. MENNINGER: Yes, your Honor. Because prior to that line, he's disclosing that he discussed whether cooperating with the case and then ultimately gets to the question of testifying in the case, he says, were the morally right thing to do. And they had discussed how testifying at trial was the right thing to do. He also mentioned that he had told her it would help her case. It is slightly ambiguous. I don't know if it refers back to the entirety of the things said before it, but that's what the email or the note says. THE COURT: Okay. So you want to ask her if she had any basis to conclude that her participation as a witness here would help her civil litigation recovery prospects. MS. MENNINGER: Right, your Honor. If it were a cooperation agreement and a witness had cooperated and someone had promised that they would get a lesser sentence if they cooperated, I can see that also being admissible. So maybe just the -- THE COURT: The attorney's advice to the client about whether they should take a plea and what assistance that might get them and all of that obviously is privileged. MS. MENNINGER: It is, until you disclose it to the government. I totally agree with that, your Honor. THE COURT: Okay. So then the question is if she answers yes to that question, I had some reason to believe that",
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