DOJ-OGR-00019134.pdf

Case 1:20-cr-00330-PAE Document 757 Filed 08/10/22 Page 10 of 49 1983 LC9VMAXT don't think it's appropriate under these circumstances. THE COURT: This agent, what was his role in the investigation? MS. MODE: Your Honor, this agent's role was limited to analyzing these records in preparation for trial. Your Honor, in particular because these exhibits contain identifying phone numbers and names, we feel more comfortable publishing these exhibits with an agent, as opposed to asking lay witnesses to review government exhibits for us in order to facilitate that testimony. Our preference is to publish this with an agent to do this carefully and thoughtfully so that we're able to publish the exhibits before the jury without exposing any identifying information. It's very streamlined testimony, your Honor. We're talking about exhibits the jury hasn't yet seen that haven't been published. It's not duplicative of anything that's already happened at the trial. And in particular, because closings will be maybe as long as two weeks from now, we think the jury should see these exhibits now; they have not yet been published. THE COURT: That's a little bit of the problem. Typically, in my experience, the summary agent witness is the agent who talks about what he did in the investigation, and that helps draw out complicated document comparators and the like, not somebody who's just effectively doing a mini SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00019134