DOJ-OGR-00018464.pdf

Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 127 of 261 1288 LC6VMAX4 1 accurately about? 2 MS. STERNHEIM: Well, at first she wasn't sure. And 3 then when she saw it, she didn't deny it. But I think that it 4 is a recording of her own email. There is no issue as to 5 authenticity. 6 THE COURT: It's not an authenticity objection; it's a 7 hearsay objection. 8 Again, I think her testimony would be described as she 9 recalled it well enough to testify fully and accurately because 10 it doesn't conflict with what's in here. So it's not the same 11 analysis as prior inconsistent statement, but I think the 12 initial question is what did she not testify to fully and 13 accurately. 14 MS. STERNHEIM: I just think it is corroborative of 15 her testimony and more reliable than just coming from the stand 16 when it is her own written statement to the co-conspirator in 17 this case. 18 MS. POMERANTZ: Your Honor, that's not responsive to 19 the question. And also, as the Court has noted, it just 20 doesn't meet the standard that's articulated under 5A in terms 21 of the question is whether it's on a matter that the witness 22 once knew about, but now cannot recall well enough to testify 23 fully and accurately. And that's just not the case here, your 24 Honor. 25 THE COURT: Okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00018464