DOJ-OGR-00018611.pdf

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 13 of 264 1435 LC7VMAX1 Your Honor, with respect to any testimony that was in the November 26 disclosure, which I believe is not what was disclosed earlier in September, but most of it is what I would agree is factual testimony. If a document has metadata, any old person can right-click on it, look at the properties, and read what those properties are. There's only one portion of the November 26 disclosure that I believe treads into opinion expert land, and that is on the second page of the November 26 disclosure where Mr. Flatley will testify that he verified the accuracy of metadata by running a particular program. He will explain what metadata is, such as the file name and when the file was created, and where it can be stored in a computer system. Your Honor, if those are the only things that Mr. Flatley intends to testify about, then I think we're fine. It's the things that came in the disclosures on November -- there were more on November 26 that were not in this letter and there were things on December 3rd that were disclosed. If he is limited to those things that were put in the September 26 disclosure, I'm fine with that, your Honor. He also was not ever disclosed as a fact or expert witness with regard to CDs. The original notice and the supplemental notice all refer to his review of devices. So I believe that the government does not intend to put on evidence about CDs through him, but those are the two areas that I think SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018611