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- "page_number": "21",
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- "date": "08/10/22",
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- "full_text": "Case 1:20-cr-00330-PAE Document 773 Filed 08/10/22 Page 21 of 29 3138 LCRVMAXT\n\nTHE COURT: I can't answer this ambiguous question no. I don't know that the answer is no, even with the ambiguity; because I don't know if what they have in mind is an aiding and abetting question, which we haven't discussed yet.\n\nMS. MENNINGER: They never used the word \"abet.\"\n\nTHE COURT: That's true. I won't assume that's the question for purposes of the answer, but I also don't assume the meaning that you've put on it for purposes of the answer. So the only solution here is to say, I direct you to consider the full instruction on Element 2 of Count Four on page 28.\n\nMS. MENNINGER: Our request would be to emphasize the portion of that that talks about the purpose of the travel. Because they have highlighted the purpose of the travel in their question. And the way I read it is certainly that that's their question. If they don't have evidence that the intent on the return flight was for purposes of sexual activity, then I do think the answer, as Mr. Everdell said is, no, they can't convict.\n\nMS. STERNHEIM: May I have a moment?\n(Counsel conferred)\n\nMR. EVERDELL: Your Honor, I'm sorry to raise another issue, but I think we have to, given the note itself.\n\nOne moment. Sorry. The photograph on the phone keeps disappearing.\n\nWe're talking about they are referring to Count Four,\n\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\n\nDOJ-OGR-00014707",
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- "content": "THE COURT: I can't answer this ambiguous question no. I don't know that the answer is no, even with the ambiguity; because I don't know if what they have in mind is an aiding and abetting question, which we haven't discussed yet.\n\nMS. MENNINGER: They never used the word \"abet.\"\n\nTHE COURT: That's true. I won't assume that's the question for purposes of the answer, but I also don't assume the meaning that you've put on it for purposes of the answer. So the only solution here is to say, I direct you to consider the full instruction on Element 2 of Count Four on page 28.\n\nMS. MENNINGER: Our request would be to emphasize the portion of that that talks about the purpose of the travel. Because they have highlighted the purpose of the travel in their question. And the way I read it is certainly that that's their question. If they don't have evidence that the intent on the return flight was for purposes of sexual activity, then I do think the answer, as Mr. Everdell said is, no, they can't convict.\n\nMS. STERNHEIM: May I have a moment?\n(Counsel conferred)\n\nMR. EVERDELL: Your Honor, I'm sorry to raise another issue, but I think we have to, given the note itself.\n\nOne moment. Sorry. The photograph on the phone keeps disappearing.\n\nWe're talking about they are referring to Count Four,",
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- "MS. MENNINGER",
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