DOJ-OGR-00014108.pdf

--- Page 1 --- **Document Header** * **Case Number:** 1:20-cr-00330-PAE * **Document Number:** 763 * **Filed Date:** 08/10/22 * **Page Number:** 2 of 197 **Transcript** * **Line Numbering:** 1-25 * **Speaker Names:** + THE COURT + MS. MENNINGER + MS. COMEY * **Transcript Text:** 1. (Jury not present) 2. THE COURT: Matters to take up, from my perspective, 3. it's obviously a long list of prior inconsistent statements I 4. need to go through. Before that, anything, counsel? 5. MS. MENNINGER: Your Honor, there is one witness that 6. we have under subpoena who has not been in contact with us that 7. we very much would like to call as a witness. I can say the 8. name out loud or we can have a sidebar, but it is one of the 9. witnesses about whom the government moved to preclude their 10. testimony and your Honor ruled last night that we would be 11. permitted to put that testimony on. All of our attempts to 12. have communication with this witness after the service of 13. subpoena have gone unresponded to. So I think, at this point, 14. we have no choice left except to ask to have intervention of 15. the marshals to bring that witness to court to testify. 16. THE COURT: You'll have to file something. 17. MS. MENNINGER: Yes. 18. THE COURT: Ms. Comey, anything on that? 19. MS. COMEY: Your Honor, this is the first time hearing 20. of this. We'll have to see whatever is filed. 21. THE COURT: Obviously, if you've got authority for how 22. to proceed, you need to put that in quickly because we're not 23. delaying trial. 24. MS. MENNINGER: Secondly, your Honor, with respect to 25. the pleading that was filed yesterday or the day before **Footer** * **Southern District Reporters, P.C.** * **Phone Number:** (212) 805-0300 * **Case Number:** DOJ-OGR-00014108