DOJ-OGR-00008350.pdf

Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 40 of 43 40 LBNAMAXTps strikes. MS. COMEY: No questions, your Honor. MS. STERNHEIM: No. Thank you. THE COURT: OK. I always ask at the final pretrial conference if there are any issues to discuss regarding exclusion of witnesses under Federal Rule of evidence 615. And especially because the parties have feeds into their war rooms, I want to make sure we're all on the same page that anybody who may testify, other than the parties, who would potentially be needing to discuss whether they can listen to testimony or be excluded, experts or case agents, or you tell me. Are there any potential witnesses who the government anticipates would be listening to some or all of the testimony? MS. COMEY: No, your Honor, certainly not before they testify. After certain victims testify, they may choose to be present after the completion of their testimony pursuant to their rights under the Crime Victims' Rights Act, but otherwise no witnesses that we know of will be listening to testimony. THE COURT: OK. Ms. Menninger. MS. MENNINGER: Your Honor, I would note that the government has -- and we've litigated -- whether any of the accusers' prior inconsistent statements may be admitted after their credibility has been attacked. Pursuant to the rule, if there is later introduction of inconsistent -- I'm sorry, I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008350