DOJ-OGR-00013268.pdf

--- Page 1 --- **Case 1:20-cr-00330-PAE** **Document 753** **Filed 08/10/22** **Page 255 of 264** **1696** **(Jury not present)** **THE COURT: You my be seated. Matters to take up.** **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.** **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.** **THE COURT: Anything, Ms. Menninger?** **MS. MENNINGER: No, your Honor.** **THE COURT: Any other matters to take up?** **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.** **THE COURT: Can you give defense counsel a new witness list?** **MS. MOE: Yes, your Honor, we can that this evening.** **THE COURT: I'll note, the Court did receive a request for a docketing of the witness list. The government submitted** **SOUTHERN DISTRICT REPORTERS, P.C.** **(212) 805-0300** **DOJ-OGR-00013268**