DOJ-OGR-00018868.pdf

Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 6 of 262 1711 LC8Cmax1 1 In any event, I'm still unclear what the decision 2 point is. You have decisions to make as to who to call, but 3 you're not seeking anything -- 4 MS. MENNINGER: No, your Honor. And if I were to call 5 her and ask her something outside of the prior consistent 6 statements, we would brief that to your Honor or bring that up 7 in advance, we would not just do that. It's just that, as your 8 Honor has seen, they shaved a substantial amount of their case 9 off and are not calling a number of witnesses that they 10 intended to call, and we are assessing who we need to call in 11 getting those people here and so forth. 12 So I just, in asking you right this second, what 13 decision we've made about our case in chief, I can't give your 14 Honor an answer. 15 THE COURT: I understand that. I don't think I was 16 seeking that. 17 Mr. Rohrbach, you just began by asking whether they 18 intended to recall Jane. They don't know. 19 MR. ROHRBACH: Right. 20 THE COURT: And whether they intend to call Brian, 21 they don't know. 22 MR. ROHRBACH: Thank you, your Honor. 23 The other issue the government wanted to just flag for 24 the Court is there is a possibility that we'd get to victim 2 25 by the end of the day today, and I know the Court has -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018868