DOJ-OGR-00017665.jpg
617 KB
Extraction Summary
4
People
3
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Court transcript (cross-examination)
File Size:
617 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE, USA v. Ghislaine Maxwell) filed on August 10, 2022. It captures a legal argument between attorney Ms. Moe and the Judge (The Court) regarding the proper procedure for impeaching a witness ('Jane') versus refreshing her recollection using prior statements or documents. Ms. Menninger is mentioned as the attorney questioning the witness.
People (4)
| Name | Role | Context |
|---|---|---|
| Jane | Witness |
Subject of the cross-examination ('Jane - Cross' in header).
|
| Ms. Menninger | Attorney |
Mentioned as the person questioning the witness or presenting documents.
|
| Ms. Moe | Attorney |
Speaking to the judge, arguing procedural points regarding impeachment and refreshing recollection.
|
| The Court | Judge |
Presiding over the discussion, clarifying legal procedure.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Listed in footer.
|
|
| The government |
Mentioned in a hypothetical question: 'isn't it true that you told the government X?'
|
|
| DOJ |
Department of Justice, indicated by the Bates stamp prefix 'DOJ-OGR'.
|
Timeline (2 events)
2022-08-10
Court filing date of the transcript document.
Court
Unknown (Trial Date)
Cross-examination of witness 'Jane' regarding prior statements.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Likely Southern District of New York (SDNY), implied by the court reporter's name and case number format.
|
Relationships (2)
Ms. Menninger is attempting to impeach or refresh the recollection of the witness (Jane).
Key Quotes (4)
"The documents themselves are impeachment by collateral material."Source
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Quote #1
"If the witness says, 'I don't remember that,' then that's the record."Source
DOJ-OGR-00017665.jpg
Quote #2
"If she denies the fact and the point is to impeach her with a fact of a prior inconsistent statement"Source
DOJ-OGR-00017665.jpg
Quote #3
"So if she doesn't recall what she said in a meeting, you can refresh her recollection as to what she said."Source
DOJ-OGR-00017665.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,602 characters)
Case 1:20-cr-00330-PAE Document 745 Filed 08/10/22 Page 56 of 264 462
LC1Qmax2 Jane - Cross
LC1Qmax2 Jane - Cross
1 then we're talking about refreshing her recollection with a
2 document. If the witness says something that Ms. Menninger
3 believes to be inconsistent with a prior statement, the
4 question then is instead, not a document, but do you recall --
5 like isn't it true that you told the government X? And if the
6 witness says, "I don't remember that," then that's the record.
7 If the witness says, "Yes, I said that," then that's the
8 impeachment.
9 The documents themselves are impeachment by collateral
10 material. The proper way to do this is to ask the witness
11 whether she said something or not. If she denies it, then the
12 way to do that is through the witnesses to that meeting, and
13 not by asking the witness to read a document that she didn't
14 prepare into the record, which is what's happening.
15 THE COURT: Well, what I understand you to be saying
16 is you want first her to show it to her and see if it refreshes
17 her recollection.
18 MS. MOE: Yes, your Honor, if she says she doesn't
19 recall. If she denies the fact and the point is to impeach her
20 with a fact of a prior inconsistent statement --
21 THE COURT: Well, I think the window of disagreement
22 is not just an inconsistent statement but that she doesn't
23 recall -- no, I think you're right. So if she doesn't recall
24 what she said in a meeting, you can refresh her recollection as
25 to what she said. If she says, "I didn't say that" or "I don't
2 document. If the witness says something that Ms. Menninger
3 believes to be inconsistent with a prior statement, the
4 question then is instead, not a document, but do you recall --
5 like isn't it true that you told the government X? And if the
6 witness says, "I don't remember that," then that's the record.
7 If the witness says, "Yes, I said that," then that's the
8 impeachment.
9 The documents themselves are impeachment by collateral
10 material. The proper way to do this is to ask the witness
11 whether she said something or not. If she denies it, then the
12 way to do that is through the witnesses to that meeting, and
13 not by asking the witness to read a document that she didn't
14 prepare into the record, which is what's happening.
15 THE COURT: Well, what I understand you to be saying
16 is you want first her to show it to her and see if it refreshes
17 her recollection.
18 MS. MOE: Yes, your Honor, if she says she doesn't
19 recall. If she denies the fact and the point is to impeach her
20 with a fact of a prior inconsistent statement --
21 THE COURT: Well, I think the window of disagreement
22 is not just an inconsistent statement but that she doesn't
23 recall -- no, I think you're right. So if she doesn't recall
24 what she said in a meeting, you can refresh her recollection as
25 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
(212) 805-0300
DOJ-OGR-00017665
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