DOJ-OGR-00018614.pdf

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 16 of 264 1438 LC7VMAX1 government being too cute here and saying we're not going to do it on direct, but you know full well you're going to do it on redirect. MR. ROHRBACH: Understood, your Honor. If I could confer with Ms. Pomerantz, she's putting it on; but I suspect it really is unlikely to come out on redirect at all. THE COURT: Okay. (Counsel conferred) MR. ROHRBACH: Your Honor, the government is not planning to talk with Mr. Flatley on direct about CDs. So it's hard to imagine what exactly would happen on cross that would make this an issue; but, of course, the government doesn't want to limit itself by promising under no circumstances will it elicit this information. THE COURT: Okay. So if you're not going to ask about CDs on direct, if he's not crossed on CDs, that's the end of the matter. MR. ROHRBACH: Yes, your Honor. THE COURT: Ms. Menninger, does that get us where we need? MS. MENNINGER: That's fine, your Honor. Thank you. THE COURT: Okay. Great. Thank you both. All right. Well, it sounds like all that work we did on Flatley last night will just go in the can for future use. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018614