HOUSE_OVERSIGHT_011317

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14 H3VOGIU1

regularly with Mr. Epstein to other places.

So again, we didn't get to depose him as an expert in

this matter. We didn't know that he was going to be called as

an expert. They're saying he's a lay opinion because he's a private investigator, your Honor. The case law says otherwise. He's been certified as an expert in these exact kind of cases.

We put those in our brief. So your Honor, he is really a wolf in sheep's clothing. They're trying to put him on as a lay opinion when he's really an expert witness in this case with

sufficient and sophisticated knowledge, that the jury will

recognize him as someone who has expertise in this area so, your Honor, we believe he should be precluded from testifying.

He has no personal knowledge, it's simply his reliance, as we

understand it, on the one FOIA response letter.

So your Honor, with respect to the FOIA response

letter that's at issue that they are going to try to get into

vidence, we've put forth in our papers, again, that's a

hearsay document. It's highly prejudicial under 403. They say

that it meets self-authentication, but unlike the documents

that we showed, for example the 302 that have the seal on it, it has none of those qualifications.

They cite to two cases, the Zamara case and the Gary

case. Both of those involve getting into evidence underlying records that were produced by the government, not a FOIA

letter. So what they're trying to produce is a letter that

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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