DOJ-OGR-00018853.pdf

Case 1:20-cr-00330-PAE Document 753 Filed 08/10/22 Page 255 of 264 LC7Cmax8 1 (Jury not present) 2 THE COURT: You my be seated. Matters to take up. 3 MR. ROHRBACH: Your Honor, the government has an update on its factual development with regard to the witness, Brian. The government is not going to be able to complete a factual investigation by 6 o'clock. Specifically, Jane's counsel is not available, so the government won't be able to talk with Jane as part of this. The government will just elect not to call Brian as a witness. We'll of course produce the materials we have gathered to the defense tonight. 4 5 And I would just like to make a record that the government does not believe that any rule or order of the Court has been violated and the government's decision should not be understood in that light. 6 7 THE COURT: Anything, Ms. Menninger? 8 MS. MENNINGER: No, your Honor. 9 10 THE COURT: Any other matters to take up? 11 MR. EVERDELL: Your Honor, just if we could get a bit of the preview of the witness order since I think things have shuffled a bit in light of developments today. 12 13 THE COURT: Can you give defense counsel a new witness list? 14 MS. MOE: Yes, your Honor, we can that this evening. 15 16 THE COURT: I'll note, the Court did receive a request for a docketing of the witness list. The government submitted 17 18 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 19 DOJ-OGR-00018853