DOJ-OGR-00012079.pdf

--- Page 1 --- **Document Header:** * Case 1:20-cr-00330-PAE * Document 745 * Filed 08/10/22 * Page 59 of 264 **Case Text:** LC1Qmax2 Jane - Cross 1. Epstein told you where to sit. She says, "I don't remember." 2. It's not an inconsistent statement. That's the difference. 3. Then you can refresh her on what she said. But if what you're doing is -- right? What's inconsistent about you saying, "You said X to the agent," and she says, "I don't remember." Is that an inconsistency? 4. MS. MENNINGER: The statement that she gave yesterday versus what her statement to the agent that's what I'm trying. 5. THE COURT: I let you do that. I let you do that. 6. Just now the example that drew the objection you said Epstein didn't -- you told the agent you didn't sit next to Epstein and she said "I don't remember." 7. MS. MENNINGER: Okay. So I will show her for that type of example -- 8. THE COURT: But I agree with you if you have a prior statement that is inconsistent with testimony, that's when we're there. 9. MS. MOE: Yes, your Honor and in that scenario, it's a question: Did you say that to the agent on this date? If not, showing the witness the document and asking her to read it into the record. The question is, did you make that statement? 10. MS. MENNINGER: I just asked. 11. THE COURT: I think you did it right up until this moment when we didn't have and inconsistent statement? We're in vigorous disagreement. **Footer:** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **Additional Text:** DOJ-OGR-00012079