DOJ-OGR-00017666.jpg
560 KB
Extraction Summary
3
People
2
Organizations
1
Locations
2
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
560 KB
Summary
This document is a page from a court transcript dated August 10, 2022, capturing a legal argument between an attorney, Ms. Menninger, and the judge. The discussion centers on the proper procedure for impeaching a witness who claims not to recall a prior statement made to the FBI. The judge explains that a claim of not recalling is not an inconsistent statement and details the standard process of using a 302 form to refresh the witness's recollection.
People (3)
| Name | Role | Context |
|---|---|---|
| MS. MENNINGER | Attorney |
Speaking to the court about the procedure for questioning a witness.
|
| THE COURT | Judge |
Presiding over the trial and instructing Ms. Menninger on legal procedure.
|
| Jane | Witness |
Mentioned in the header as the person undergoing cross-examination.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| FBI | government agency |
Mentioned in the context of a witness having previously given a statement to an FBI agent.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (2 events)
2022-08-09
Ms. Menninger states, "Yesterday I tried to show the witness an exhibit..."
Courtroom
MS. MENNINGER
witness
2022-08-10
A cross-examination of a witness named Jane, during which a procedural argument occurs between Ms. Menninger and the Court.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C."
|
Relationships (2)
Ms. Menninger (attorney) and The Court (judge) are engaged in a formal legal argument about courtroom procedure during a trial.
The transcript discusses a prior statement made by the witness (Jane) to an FBI agent, indicating an interview or investigation took place.
Key Quotes (3)
"You're claiming that because she doesn't recall what she said, it's an inconsistent statement. There's not an inconsistency there."Source
— THE COURT
(The judge correcting Ms. Menninger's legal reasoning for impeachment.)
DOJ-OGR-00017666.jpg
Quote #1
"Every trial I've been to with these materials I've presided over -- and there's been a lot in ten years -- this precise thing happens. You testified X. Didn't you tell the agent some variation of x or Y. I don't remember way said to the agent. You show them the 302. Does that refresh your recollection..."Source
— THE COURT
(The judge explaining the standard procedure for refreshing a witness's memory with a prior statement (a 302 form).)
DOJ-OGR-00017666.jpg
Quote #2
"Yesterday I tried to show the witness an exhibit and I was directing her to when the exhibit was made"Source
— MS. MENNINGER
(Referring to an action taken in court on the previous day.)
DOJ-OGR-00017666.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,414 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 57 of 264 463
LC1Qmax2
Jane - Cross
LC1Qmax2
Jane - Cross
1 recall," you can say, "Didn't you say the following to the FBI
2 agent," and then --
3 MS. MENNINGER: So I believe that I do not have to
4 refresh for impeachment, but I can ask her --
5 THE COURT: You're claiming that because she doesn't
6 recall what she said, it's an inconsistent statement. There's
7 not an inconsistency there.
8 MS. MENNINGER: So, I can ask her, "Did you say this?"
9 She can say, "I don't recall." And then I can say, "Isn't it
10 true you said it on this date?" And she can say, "No, I
11 didn't" or "I still don't recall."
12 THE COURT: Every trial I've been to with these
13 materials I've presided over -- and there's been a lot in ten
14 years -- this precise thing happens. You testified X. Didn't
15 you tell the agent some variation of x or Y.
16 I don't remember way said to the agent.
17 You show them the 302. Does that refresh your
18 recollection, or didn't you -- and didn't you say if it doesn't
19 refresh your recollection and then you get to do precisely what
20 you're doing.
21 MS. MENNINGER: Your Honor, may I get the statute book
22 because it says right in 613.
23 THE COURT: Sure.
24 MS. MENNINGER: Yesterday I tried to show the witness
25 an exhibit and I was directing her to when the exhibit was made
2 agent," and then --
3 MS. MENNINGER: So I believe that I do not have to
4 refresh for impeachment, but I can ask her --
5 THE COURT: You're claiming that because she doesn't
6 recall what she said, it's an inconsistent statement. There's
7 not an inconsistency there.
8 MS. MENNINGER: So, I can ask her, "Did you say this?"
9 She can say, "I don't recall." And then I can say, "Isn't it
10 true you said it on this date?" And she can say, "No, I
11 didn't" or "I still don't recall."
12 THE COURT: Every trial I've been to with these
13 materials I've presided over -- and there's been a lot in ten
14 years -- this precise thing happens. You testified X. Didn't
15 you tell the agent some variation of x or Y.
16 I don't remember way said to the agent.
17 You show them the 302. Does that refresh your
18 recollection, or didn't you -- and didn't you say if it doesn't
19 refresh your recollection and then you get to do precisely what
20 you're doing.
21 MS. MENNINGER: Your Honor, may I get the statute book
22 because it says right in 613.
23 THE COURT: Sure.
24 MS. MENNINGER: Yesterday I tried to show the witness
25 an exhibit and I was directing her to when the exhibit was made
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017666
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document