DOJ-OGR-00013291.jpg
598 KB
Extraction Summary
5
People
2
Organizations
1
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
598 KB
Summary
This document is a court transcript from August 10, 2022, detailing a legal debate over whether employee insurance records from Mar-a-Lago (Government Exhibit 824) can be admitted as business records. Mr. Rohrbach argues they are kept for business purposes, while Ms. Sternheim contends they contain inadmissible hearsay. The judge concludes that testimony is required to establish a proper foundation before ruling on their admissibility.
People (5)
| Name | Role | Context |
|---|---|---|
| MS. STERNHEIM | Attorney (implied) |
Speaker in a court proceeding, arguing against certain documents being considered business records.
|
| Judge | Judge |
Presiding over the court proceeding, addressed by Ms. Sternheim.
|
| Mr. Rohrbach | Attorney (implied) |
Speaker in a court proceeding, arguing that certain documents from Mar-a-Lago are business records.
|
| Ms. Gill |
Mentioned by Mr. Rohrbach as someone who could testify that Mar-a-Lago retains certain records.
|
|
| your Honor | Judge |
A formal address to the judge, used by Mr. Rohrbach.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Mar-a-Lago | company |
Mentioned as an employer that retains records related to employee insurance applications and sends faxes.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceeding.
|
Timeline (1 events)
2022-08-10
A legal argument between attorneys and a judge regarding whether Government Exhibit 824, containing records from Mar-a-Lago, should be admitted as a business record.
Courtroom (implied)
Locations (1)
| Location | Context |
|---|---|
|
The location from which employee insurance records and faxes originate.
|
Relationships (3)
They are opposing counsel in a legal proceeding, presenting conflicting arguments to the court regarding the admissibility of evidence.
Ms. Sternheim is an attorney making legal arguments to the judge presiding over the case.
MR. ROHRBACH
→
professional
→
THE COURT
Mr. Rohrbach is an attorney making legal arguments to the judge presiding over the case.
Key Quotes (3)
"I wasn't planning to ask Ms. Gill this, but I think she would say that Mar-a-Lago retains these records in case there is some kind of dispute involving the insurance company and its employees."Source
— MR. ROHRBACH
(Arguing for the admissibility of records by explaining why Mar-a-Lago would keep them as part of its business.)
DOJ-OGR-00013291.jpg
Quote #1
"But it still contains hearsay information, the source of which we do not know. It is not part of the business of Mar-a-Lago, even though it does have employees and may offer it insurance, the fact that it is kept in their files does not deem it a business record."Source
— MS. STERNHEIM
(Arguing against the admissibility of the records, claiming they contain hearsay and are not true business records.)
DOJ-OGR-00013291.jpg
Quote #2
"I think I'll have to hear the testimony, the foundation for the business record to determine whether it's sufficient under the rule."Source
— THE COURT
(The judge's ruling to defer a decision on the admissibility of the evidence until after hearing foundational testimony.)
DOJ-OGR-00013291.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,505 characters)
Case 1:20-cr-00330-PAE Document 755 Filed 08/10/22 Page 13 of 262 1718
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1 business record?
2 MS. STERNHEIM: That is correct, Judge.
3 THE COURT: Mr. Rohrbach.
4 MR. ROHRBACH: I wasn't planning to ask Ms. Gill this,
5 but I think she would say that Mar-a-Lago retains these records
6 in case there is some kind of dispute involving the insurance
7 company and its employees. But Mar-a-Lago does retain these
8 records because, in order to hire, retain, and protect its
9 employees, they presumably make sure they're offered insurance.
10 And I'll just note, your Honor, that the exhibit and
11 Government Exhibit 824 are not just the benefit application
12 forms, but fax transmittal cover sheets from Mar-a-Lago which
13 indicates that Mar-a-Lago is doing the work of processing and
14 sending out these applications.
15 MS. STERNHEIM: But it still contains hearsay
16 information, the source of which we do not know. It is not
17 part of the business of Mar-a-Lago, even though it does have
18 employees and may offer it insurance, the fact that it is kept
19 in their files does not deem it a business record.
20 THE COURT: I think I'll have to hear the testimony,
21 the foundation for the business record to determine whether
22 it's sufficient under the rule.
23 Do you have any authority, Ms. Sternheim?
24 I would say, just intuitively, I would think that
25 employers who provide insurance to employees who have a set of
2 MS. STERNHEIM: That is correct, Judge.
3 THE COURT: Mr. Rohrbach.
4 MR. ROHRBACH: I wasn't planning to ask Ms. Gill this,
5 but I think she would say that Mar-a-Lago retains these records
6 in case there is some kind of dispute involving the insurance
7 company and its employees. But Mar-a-Lago does retain these
8 records because, in order to hire, retain, and protect its
9 employees, they presumably make sure they're offered insurance.
10 And I'll just note, your Honor, that the exhibit and
11 Government Exhibit 824 are not just the benefit application
12 forms, but fax transmittal cover sheets from Mar-a-Lago which
13 indicates that Mar-a-Lago is doing the work of processing and
14 sending out these applications.
15 MS. STERNHEIM: But it still contains hearsay
16 information, the source of which we do not know. It is not
17 part of the business of Mar-a-Lago, even though it does have
18 employees and may offer it insurance, the fact that it is kept
19 in their files does not deem it a business record.
20 THE COURT: I think I'll have to hear the testimony,
21 the foundation for the business record to determine whether
22 it's sufficient under the rule.
23 Do you have any authority, Ms. Sternheim?
24 I would say, just intuitively, I would think that
25 employers who provide insurance to employees who have a set of
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00013291
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