DOJ-OGR-00012180.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 745 * Filed 08/10/22 * Page 160 of 264 **Case Information** * LC1VMAX5 **Transcript** * [LC1VMAX5] * evidence that could be put on extrinsically, specifically, her attorney's testimony. * THE COURT: So you want to then call her attorney and ask her attorney if he told her, advised her that if she participated in this case, she would -- it would help her in the civil case. * MS. MENNINGER: Right. Because that is the only portion that was waived. That's what he -- whatever he communicated to the government is what was waived. I don't think he's waived -- I'm not arguing for subject matter waiver, for example. * THE COURT: So, first of all, as I've said before, you have to brief that. This is not enough. I haven't looked at any law on that question. You've put none before me. I made very clear you'd have to brief it. So we're not doing that today. * MS. MENNINGER: No, I understand, your Honor. * THE COURT: Ms. Moe, what's your response to the waiver question? * MS. MOE: Your Honor, having not had an opportunity to research it or consider it or confer with Mr. Glassman, who -- it's not my privilege to hold, so I can't speak to its waiver without researching the issue and conferring with Mr. Glassman. * THE COURT: The government not infrequently objects to privilege grounds to questions during trial. So the government **Footer** * SOUTHERN DISTRICT REPORTERS, P.C. * (212) 805-0300 * DOJ-OGR-00012180