DOJ-OGR-00018613.pdf

--- Page 1 --- **Document Extraction** **Case Number:** 1:20-cr-00330-PAE **Document Number:** 753 **Filed Date:** 08/10/22 **Page Number:** 15 of 264 **LC7VMAX1** **Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 15 of 264** **LC7VMAX1** 1. onto a CD, it can't be unburned. Those are, I think, what the government represented in their letter of last night he intended to talk about, which have never been disclosed to us as his intended testimony. 2. MR. ROHRBACH: Your Honor, as we said in our letter last night, we don't intend to elicit those things on direct; but also those are factual pieces of knowledge that you can understand without having any specialized training or experience if you just have used a CD burner before. 3. MS. MENNINGER: If it's not coming out on direct, your Honor, then I don't think it matters. 4. THE COURT: Okay. 5. MS. MENNINGER: But as to the other ones, I will just make an objection if there's something that's not in the November 26 letter. I think the government knows what their witness is going to say because they are going to ask him questions. And if it's a question that calls for things that weren't disclosed, then I'll bring it to the Court's attention. 6. THE COURT: Okay. 7. MR. ROHRBACH: That's fine, your Honor. 8. THE COURT: I do want to press a little bit on the CD bit; because I want to know what in the government's mind would happen on cross that would lead the government to redirect with respect to the created date is the same as the modified date or once burned on CD, can't be unburned. I don't want to have the 9. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **DOJ-OGR-00018613** Note: The image appears to be a transcript of a court proceeding, with the text extracted exactly as it appears in the image. The formatting and layout are preserved, including the use of bold and italic text, as well as the inclusion of page numbers, dates, and other metadata.