DOJ-OGR-00017763.pdf

--- Page 1 --- **Document Header** * **Case Number:** 1:20-cr-00330-PAE * **Document Number:** 745 * **Filed Date:** 08/10/22 * **Page Number:** 154 of 264 * **Case Title:** LC1VMAX5 **Transcript Header** * **Case Number:** 1:20-cr-00330-PAE * **Document Number:** 745 * **Filed Date:** 08/10/22 * **Page Number:** 154 of 264 * **Case Title:** LC1VMAX5 **Transcript Text** * **Line 1:** she says no, if a privileged communication with her attorney would be a proper basis for impeachment. * **Line 2:** On that score, if we get to that scenario, this witness's counsel is in the courtroom. I've conferred with him about the privilege issue. My understanding is his view is this is privileged and he'd like to confer with his client about that. But I think he'd like to be heard on the question of privilege and waiver. It's not the government's privilege to hold or waive or speak to; and so we'd ask for him to be heard on that question. * **Line 3:** THE COURT: Well, I guess it still depends what we're talking about. What is the "this" in that sentence? * **Line 4:** MS. MOE: It sounds like, your Honor, if defense counsel plans to impeach this witness about bias by offering a statement of her attorney to the government, that that implicates a privilege question. If separately defense counsel plans to ask this witness just generally -- THE COURT: The statement from the attorney to the government is not privileged. This is not privileged. The question goes to her communication with her attorney, that's where the privilege is. * **Line 5:** MS. MOE: Exactly, your Honor. * **Line 6:** THE COURT: I'm not yet seeing the connection between what I -- I don't know what the basis of admissibility would be with respect to this email that's been handed up, which is a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017763 **Note:** The image appears to be a transcript of a court proceeding, with the header and footer providing metadata about the case and document. The main body of the text consists of a conversation between the judge and attorneys, discussing the admissibility of certain evidence and the implications of privilege.