DOJ-OGR-00008270.pdf

--- Page 1 --- **Document Header** * **Case Number:** Case 1:20-cr-00330-PAE * **Document Number:** Document 532 * **Filing Date:** Filed 12/09/21 * **Page Number:** Page 6 of 8 **Page Content** * **Date:** December 8, 2021 * **Page Number:** Page 6 * **Text:** + The Honorable Alison J. Nathan + December 8, 2021 + Page 6 + Id. at 331. The government's attempt to authenticate Exhibit 52 through Ms. Maxwell's testimony about something else entirely fails. + The flaws in the government's argument don't end with these two problems, though each problem itself is dispositive of the government's request. The government's letter focuses exclusively on the authentication question. The government does not address the business records exception or even attempt to justify the admission of Exhibit 52 despite it being hearsay. + The government also conveniently ignores all it said before about why Exhibit 52 was relevant and how it would be admitted and used as evidence. The government first said Exhibit 52 was Ms. Maxwell's book. That was the entire premise of the government's November 12 letter and its opposition to Ms. Maxwell's motion in limine. But no witness has testified that it was Ms. Maxwell's book, and the government has abandoned that argument. + The government next said it would call Employee-1 as a witness to authenticate the exhibit and lay the foundation for its admission and, in turn, to testify that Exhibit 52 belonged to Ms. Maxwell. But no more. The government's decision not to call Employee-1 confirms what Ms. Maxwell has been saying all along: Exhibit 52 did not belong to her, and Employee-1 was never going to testify that it did. + Finally, it would be exceedingly unfair were the government to admit Exhibit 52 at this late stage in its case, having now abandoned its earlier arguments for admissibility and relevance. As this Court recognized earlier today, Mr. Alessi is done testifying, and Ms. Maxwell cannot be. **Footer** * **Text:** DOJ-OGR-00008270