DOJ-OGR-00018752.pdf

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 154 of 264 LC7VMAX5 Carolyn - cross 1580 1 AFTERNOON SESSION 1:40 P.M. 2 3 THE COURT: All right. We'll take up the question of 4 the communication between the brother of Jane and Jane. 5 MR. ROHRBACH: Yes, your Honor. 6 During the break, the government did find some cases. 7 But we also learned toward the end of the break that there are 8 a small number of additional text messages. 9 10 The government's view at this point is that it makes 11 sense for us to fully run down and make sure we have identified 12 the universe of text messages. And we're willing to not call 13 Brian until tomorrow morning to give the parties an opportunity 14 to understand all the facts and provide an analysis of the law. 15 And so my understanding from talking to Ms. Menninger 16 is that the defense doesn't object to allowing us to brief this 17 issue tonight and call Brian and address it tomorrow morning. 18 THE COURT: Okay. 19 MS. MENNINGER: Yes, your Honor. As long as the 20 factual record is still undeveloped, I don't think it makes 21 sense to start applying the law to those facts. But I repeat 22 my request that there be an actual under-oath representation by 23 this witness about the communications rather than dribbling out 24 information. 25 THE COURT: Well, I don't know if we'll need an under oath prior to his testimony. Certainly it can be fully SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018752