DOJ-OGR-00018991.pdf

Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 129 of 262 1834 LC8Cmax5 Rodgers - direct 1 THE COURT: I'll consider it after you confer, but you know where it was. And that's all I have. 2 MR. PAGLIUCA: Your Honor, on that point, I'm assuming what the Court means is if there is a new issue raised that wasn't raised during the examination is the problem. Is that what the Court is alluding to? 3 THE COURT: Having not admitted it pending what all along had been the government's proffer as to the anticipated testimony of an anticipated witness, I didn't admit it following Mr. Alessi's testimony. It's true that there was voir dire on it, but I don't know what new argument will be asserted, and it strikes me that the fact that it -- whatever argument is being made in the absence of the witness could be an issue. 4 MR. PAGLIUCA: Right. That's what I understand. That was my understanding. I get it. 5 THE COURT: I'm open to arguments. Obviously, both sides have reargued many issues and I keep an open mind. Anything else? 6 MS. COMEY: Not from the government, your Honor. 7 MR. PAGLIUCA: Nothing from the defense, your Honor. 8 (Recess) 9 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018991