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73 lines
4.4 KiB
JSON
73 lines
4.4 KiB
JSON
{
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"document_metadata": {
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"page_number": "56",
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"document_number": "745",
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"date": "08/10/22",
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"document_type": "court transcript",
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"has_handwriting": false,
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"has_stamps": false
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},
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"full_text": "Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 56 of 264 462 LC1Qmax2 Jane - Cross then we're talking about refreshing her recollection with a document. If the witness says something that Ms. Menninger believes to be inconsistent with a prior statement, the question then is instead, not a document, but do you recall -- like isn't it true that you told the government X? And if the witness says, \"I don't remember that,\" then that's the record. If the witness says, \"Yes, I said that,\" then that's the impeachment. The documents themselves are impeachment by collateral material. The proper way to do this is to ask the witness whether she said something or not. If she denies it, then the way to do that is through the witnesses to that meeting, and not by asking the witness to read a document that she didn't prepare into the record, which is what's happening. THE COURT: Well, what I understand you to be saying is you want first her to show it to her and see if it refreshes her recollection. MS. MOE: Yes, your Honor, if she says she doesn't recall. If she denies the fact and the point is to impeach her with a fact of a prior inconsistent statement -- THE COURT: Well, I think the window of disagreement is not just an inconsistent statement but that she doesn't recall -- no, I think you're right. So if she doesn't recall what she said in a meeting, you can refresh her recollection as to what she said. If she says, \"I didn't say that\" or \"I don't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00017665",
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"text_blocks": [
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"type": "printed",
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"content": "Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 56 of 264 462",
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"position": "header"
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{
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"type": "printed",
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"content": "LC1Qmax2 Jane - Cross",
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"position": "header"
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},
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{
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"type": "printed",
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"content": "then we're talking about refreshing her recollection with a document. If the witness says something that Ms. Menninger believes to be inconsistent with a prior statement, the question then is instead, not a document, but do you recall -- like isn't it true that you told the government X? And if the witness says, \"I don't remember that,\" then that's the record. If the witness says, \"Yes, I said that,\" then that's the impeachment. The documents themselves are impeachment by collateral material. The proper way to do this is to ask the witness whether she said something or not. If she denies it, then the way to do that is through the witnesses to that meeting, and not by asking the witness to read a document that she didn't prepare into the record, which is what's happening.",
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"position": "main"
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},
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{
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"type": "printed",
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"content": "THE COURT: Well, what I understand you to be saying is you want first her to show it to her and see if it refreshes her recollection.",
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"position": "main"
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},
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{
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"type": "printed",
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"content": "MS. MOE: Yes, your Honor, if she says she doesn't recall. If she denies the fact and the point is to impeach her with a fact of a prior inconsistent statement --",
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"position": "main"
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},
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{
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"type": "printed",
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"content": "THE COURT: Well, I think the window of disagreement is not just an inconsistent statement but that she doesn't recall -- no, I think you're right. So if she doesn't recall what she said in a meeting, you can refresh her recollection as to what she said. If she says, \"I didn't say that\" or \"I don't",
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"position": "main"
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},
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{
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"type": "printed",
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"content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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"position": "footer"
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},
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{
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"type": "printed",
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"content": "DOJ-OGR-00017665",
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"position": "footer"
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}
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],
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"entities": {
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"people": [
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"Ms. Menninger",
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"MS. MOE"
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],
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"organizations": [
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"SOUTHERN DISTRICT REPORTERS, P.C.",
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"government"
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],
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"locations": [],
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"dates": [
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"08/10/22"
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],
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"reference_numbers": [
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"1:20-cr-00330-PAE",
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"745",
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"DOJ-OGR-00017665"
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]
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},
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"additional_notes": "The document appears to be a court transcript with a clear and legible format. There are no visible redactions or damage."
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} |