DOJ-OGR-00017596.pdf

--- Page 1 --- **Document Image Extraction** **Case Information:** * Case Number: 1:20-cr-00330-PAE * Document Number: 743 **Header:** * Case Number: 1:20-cr-00330-PAE * Document Number: 743 * Filed Date: 08/10/22 * Page Number: 234 of 247 **Text:** LBUCmax7 1 introduced, it's in violation of Rule 16. I think to the extent there are other exhibits that the defense intends to offer that have not already been produced to us, we would ask that the Court order that they make those productions forthwith. 2 3 offer that have not already been produced to us, we would ask that the Court order that they make those productions forthwith. 4 that the Court order that they make those productions forthwith. 5 forthwith. 6 MS. MENNINGER: Your Honor, we have a very different view of Rule 16. If it is an impeachment document, it is not covered by the rule. We will brief this tonight if your Honor would like. I have a very different view, apparently, than Ms. Comey. 7 view of Rule 16. If it is an impeachment document, it is not covered by the rule. We will brief this tonight if your Honor would like. I have a very different view, apparently, than Ms. Comey. 8 covered by the rule. We will brief this tonight if your Honor would like. I have a very different view, apparently, than Ms. Comey. 9 would like. I have a very different view, apparently, than Ms. Comey. 10 Ms. Comey. 11 MS. COMEY: Your Honor, we do not believe that any prior inconsistent statements that would be admissible -- THE COURT: It's not a prior inconsistent statement. 12 prior inconsistent statements that would be admissible -- THE COURT: It's not a prior inconsistent statement. 13 THE COURT: It's not a prior inconsistent statement. 14 MS. COMEY: Exactly, your Honor. Nothing else is admissible as impeachment by my reading of the rules of evidence. 15 admissible as impeachment by my reading of the rules of evidence. 16 evidence. 17 MS. MENNINGER: Your Honor, anything that goes to the witness's memory, bias, motive, all of those are impeachment materials. Impeachment is not limited to prior inconsistent statements. That's just not the state of the law. 18 witness's memory, bias, motive, all of those are impeachment materials. Impeachment is not limited to prior inconsistent statements. That's just not the state of the law. 19 materials. Impeachment is not limited to prior inconsistent statements. That's just not the state of the law. 20 statements. That's just not the state of the law. 21 THE COURT: You can brief it. So if the witness testifies I live in a blue house and you go out tonight and take a photograph of the house and it's a red house -- MS. MENNINGER: Yes, your Honor. 22 testifies I live in a blue house and you go out tonight and take a photograph of the house and it's a red house -- MS. MENNINGER: Yes, your Honor. 23 take a photograph of the house and it's a red house -- MS. MENNINGER: Yes, your Honor. 24 MS. MENNINGER: Yes, your Honor. 25 THE COURT: -- and you want to introduce a photograph **Footer:** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **DOJ-OGR-00017596**