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- "full_text": "Case 1:20-cr-00330-PAE Document 763 Filed 08/10/22 Page 37 of 197 2578\n\n1 THE COURT: Or there would be foundation issues,\n2 which, if probed into, essentially would be violative of my\n3 order to the extent that you're making arguments -- to the\n4 extent that foundational inferences are essentially asking the\n5 agent what she did or didn't do, which is precisely a violation\n6 of my order.\n7 And the whole point of the -- I mean, the whole point\n8 of not allowing the defense to put on a case about what the\n9 government did or didn't do and the motivations and the like is\n10 because that's the question for the jury. The question for the\n11 jury is, does the evidence that the government put on, that\n12 they deemed credible, prove beyond a reasonable doubt or not\n13 the charges. That is the core basis of my in limine holding.\n14 MR. EVERDELL: I'm not trying to violate this, which\n15 is why we're discussing this, your Honor. I just thought there\n16 was some room to be able to elicit evidence about the absence\n17 of evidence rather than just argument to the jury, and that's\n18 what I was intending to do with this witness. If the Court\n19 thinks what I've just proposed, that's generally the tenor of\n20 the questions on that point are, violative of the order, I\n21 might have to think it out and not be able to go into it\n22 because of what you're saying, but I hear what you're saying.\n23 THE COURT: Yeah, I mean, take it -- imagine it's a\n24 modern case, right, and you ask why didn't you get geo location\n25 evidence, it's asking what the government did or didn't do.\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00014143",
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- "content": "1 THE COURT: Or there would be foundation issues,\n2 which, if probed into, essentially would be violative of my\n3 order to the extent that you're making arguments -- to the\n4 extent that foundational inferences are essentially asking the\n5 agent what she did or didn't do, which is precisely a violation\n6 of my order.\n7 And the whole point of the -- I mean, the whole point\n8 of not allowing the defense to put on a case about what the\n9 government did or didn't do and the motivations and the like is\n10 because that's the question for the jury. The question for the\n11 jury is, does the evidence that the government put on, that\n12 they deemed credible, prove beyond a reasonable doubt or not\n13 the charges. That is the core basis of my in limine holding.\n14 MR. EVERDELL: I'm not trying to violate this, which\n15 is why we're discussing this, your Honor. I just thought there\n16 was some room to be able to elicit evidence about the absence\n17 of evidence rather than just argument to the jury, and that's\n18 what I was intending to do with this witness. If the Court\n19 thinks what I've just proposed, that's generally the tenor of\n20 the questions on that point are, violative of the order, I\n21 might have to think it out and not be able to go into it\n22 because of what you're saying, but I hear what you're saying.\n23 THE COURT: Yeah, I mean, take it -- imagine it's a\n24 modern case, right, and you ask why didn't you get geo location\n25 evidence, it's asking what the government did or didn't do.",
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- "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
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- "MR. EVERDELL"
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- "08/10/22"
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- "763",
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