DOJ-OGR-00014125.json 4.0 KB

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  5. "date": "08/10/22",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 19 of 197 2560\nLCFCmax1\n\n1 I'm learning that today. We've lost the time that we might have had, had it been raised sooner. I'll still accept the application, but do I have a standard practice, which is you have your witnesses or you rest.\n\n2 I have about 40 prior inconsistent statements to rule on. Anything else before we take that up?\n\n3 MS. COMEY: No, your Honor.\n\n4 THE COURT: Anything else to take up before?\n\n5 MS. MENNINGER: I'm trying to get in touch with someone from the office, your Honor.\n\n6 THE COURT: Defense seeks to admit extrinsic evidence of a prior inconsistent statement under 613(b), which requires that, quote, the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it.\n\n7 My colleague, Judge Kaplan, in the Gulani (ph.) case, hopefully laid out the proper steps of the analysis.\n\n8 First, the Court must determine whether the proffered statement, in fact, is inconsistent with the testimony sought to be impeached. The test is whether there is any variance between the statement and the testimony that has a reasonable bearing on credibility.\n\n9 Actually, I just thought of something, a question, Ms. Menninger. The witness you haven't been in touch with, is that one of the witnesses for whom you sought to testify under\n\n10 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\n\n11 DOJ-OGR-00014125",
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  14. "content": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 19 of 197 2560",
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  24. "content": "I'm learning that today. We've lost the time that we might have had, had it been raised sooner. I'll still accept the application, but do I have a standard practice, which is you have your witnesses or you rest.\n\nI have about 40 prior inconsistent statements to rule on. Anything else before we take that up?\n\nMS. COMEY: No, your Honor.\n\nTHE COURT: Anything else to take up before?\n\nMS. MENNINGER: I'm trying to get in touch with someone from the office, your Honor.\n\nTHE COURT: Defense seeks to admit extrinsic evidence of a prior inconsistent statement under 613(b), which requires that, quote, the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it.\n\nMy colleague, Judge Kaplan, in the Gulani (ph.) case, hopefully laid out the proper steps of the analysis.\n\nFirst, the Court must determine whether the proffered statement, in fact, is inconsistent with the testimony sought to be impeached. The test is whether there is any variance between the statement and the testimony that has a reasonable bearing on credibility.\n\nActually, I just thought of something, a question, Ms. Menninger. The witness you haven't been in touch with, is that one of the witnesses for whom you sought to testify under",
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  29. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  38. "entities": {
  39. "people": [
  40. "MS. COMEY",
  41. "MS. MENNINGER",
  42. "Judge Kaplan"
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  44. "organizations": [
  45. "SOUTHERN DISTRICT REPORTERS, P.C."
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  48. "dates": [
  49. "08/10/22"
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  53. "763",
  54. "DOJ-OGR-00014125"
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