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- "date": "08/10/22",
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- "full_text": "Case 1:20-cr-00330-PAE Document 769 Filed 08/10/22 Page 13 of 19 3104 LCLVMAXT\nit's only to Two and Four. Because the instruction was that you can't consider her testimony as a legal sexual activity as charged in the indictment. And that applies to One and Three as well.\nMS. COMEY: Your Honor, that was not the limiting instruction. The limiting instruction was that what she describes is not illegal sexual activity as defined in the indictment.\nTHE COURT: That's precisely the precision with which I have made this point. And the defense has continued to revert to the idea that the testimony can't be considered for that. That was the basis -- that was the basis for exclusion. But her testimony is relevant, may be considered by the jury with respect to the conspiracy counts.\nThe answer is yes. And they are asking not for what it can't be used for, which is what the limiting instruction gave them, they are asking whether it may permissibly be considered for these counts. And the answer to that is yes under my rulings.\nMR. EVERDELL: Your Honor, I respectfully think that what they are asking for is how can we consider her testimony.\nTHE COURT: May I have the note back?\nMS. COMEY: Yes, your Honor.\nIt's a yes-or-no question.\nTHE COURT: Can we consider Annie's testimony as\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\nDOJ-OGR-00014671",
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- "content": "it's only to Two and Four. Because the instruction was that you can't consider her testimony as a legal sexual activity as charged in the indictment. And that applies to One and Three as well.\nMS. COMEY: Your Honor, that was not the limiting instruction. The limiting instruction was that what she describes is not illegal sexual activity as defined in the indictment.\nTHE COURT: That's precisely the precision with which I have made this point. And the defense has continued to revert to the idea that the testimony can't be considered for that. That was the basis -- that was the basis for exclusion. But her testimony is relevant, may be considered by the jury with respect to the conspiracy counts.\nThe answer is yes. And they are asking not for what it can't be used for, which is what the limiting instruction gave them, they are asking whether it may permissibly be considered for these counts. And the answer to that is yes under my rulings.\nMR. EVERDELL: Your Honor, I respectfully think that what they are asking for is how can we consider her testimony.\nTHE COURT: May I have the note back?\nMS. COMEY: Yes, your Honor.\nIt's a yes-or-no question.\nTHE COURT: Can we consider Annie's testimony as",
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- "people": [
- "MS. COMEY",
- "THE COURT",
- "MR. EVERDELL",
- "Annie"
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- "SOUTHERN DISTRICT REPORTERS, P.C."
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- "08/10/22"
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- "1:20-cr-00330-PAE",
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