DOJ-OGR-00016741.pdf

--- Page 1 --- **Case 1:20-cr-00330-AJN Document 763 Filed 08/10/22 Page 12 of 197** LCFCmax1 1 MR. EVERDELL: You did. 2 THE COURT: Along with, I presume the government would 3 seek to introduce the testimony? 4 MS. COMEY: Yes, your Honor. 5 MR. EVERDELL: That's right, your Honor. 6 THE COURT: So a new witness -- 7 MR. EVERDELL: Your Honor, I did not anticipate that 8 the issue between ownership versus occupancy was going to be 9 such a relevant issue, and so given that that came up in the 10 course of discussing what the stipulation -- 11 THE COURT: Just to be clear, I considered that as to 12 whether to allow you to introduce ownership documents. I'm 13 allowing you to introduce ownership documents. Arguably, they 14 were not relevant or marginally relevant, but a 403 issue 15 because of the complications of ownership. If you can put in 16 the ownership documents on stipulation as to the timing of 17 ownership, I'm allowing that. It's not a basis -- because I 18 almost excluded it, but didn't, that's not a basis to call a 19 new witness. 20 MR. EVERDELL: Your Honor, the stipulation would allow 21 us to put in the ownership documents and the Court itself 22 raised that there is an issue with residency or occupancy. 23 THE COURT: I raised that in questioning whether the 24 ownership documents were relevant. I'm allowing the ownership 25 documents in. That's not a basis to call a new witness. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00016741