HOUSE_OVERSIGHT_011438

id.

ne)

life)

H3vlgiu2

adverse inference motions. We're a mov

reciprocal motions both ways on this.

available, if that would be useful.

defendant's motion and 689 is our motion.

the two motions going, obviously, in di

Your Honor is familiar with th

1.35

ing party. There are

I have the numbers

I believe 673 is the

So those would be

fferent directions.

se issues because of

the Epstein adverse inference motion that was argued I think two weeks ago by me, and at that time -- I know you have not yet formally ruled on the motion, but there was extensiv

discussion about could we just kick this down the road to the

trial and see, you know,

what Epstein says at

that time and,

you know, after he testifies, sort

adverse inferenc Again,

think I indicated at the time that certainly from Ms.

point of view,

Mr. Epstein in that way.

you haven't ruled on that,

out whether there's an

but I

Giuffre's

we would have no objection to handling

I want to make clear that we would

also have no objection to handling the Marcinkova and Kellen

issue in that way as well. You can put

them on via deposition,

and then we could sort out in the context of the case with a

full record whether an adverse inferenc

But

we surface

you'd have to do on the fly in

the allegations, of course, that have b

the middle of trial.

is appropriate.

the issue for you now so it wouldn't be something

And all

I think

it's important to put Kellen and

scheme, if you will. The top of

the conspiracy is Mr.

n made here,

Marcinkova on the conspiracy

Epstein,

SOUTHERN DISTRICT REPORT

ERS, P.C.

(212) 805-0300

HOUSE_OVERSIGHT_011438