Document A-5758

Case 1:20-cv-00338-PAE Document 161 Filed 02/24/22 Page 78 of 130 A-5758 301 C2rdau2 Brune - direct 1 A. Yes. 2 Q. You knew that at the time you filed the brief? 3 A. I believed it to be so. My basis for that is when I called 4 the other lawyers in the case to let them know what our several 5 days of investigating in the wake of the letter made us believe 6 could be true -- we still weren't sure but we were getting a 7 lot surer -- they all expressed complete surprise. Based on 8 that, I believed that we were somewhat differently situated. 9 Although, as I think you know, we were surprised. 10 Q. You could have filed a separate brief, correct? 11 A. We could have, yes. 12 Q. With an accurate statement of the facts, correct? 13 A. We certainly could have filed a separate brief. As it 14 turned out, because the resources were different, we took by 15 far the laboring oar with the brief. 16 Q. Isn't it true that on that July 22nd call you said 17 essentially, and I can bring up the transcript if you would 18 like to see it, that you intended to lay out the facts as it 19 related to waiver essentially when and if the government asked? 20 A. That is pretty much what I said. I certainly thought it 21 was the case that the government might well raise the waiver 22 issue. As I said, I kind of missed where this was all going. 23 But I certainly thought the government was likely going to 24 inquire did we know. I didn't know and I don't believe anyone 25 else at our firm did, so I certainly planned to answer the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009362 --- PAGE BREAK --- C2grdau2 Brune - direct 1 A. Yes. 2 Q. You knew that at the time you filed the brief? 3 A. I believed it to be so. My basis for that is when I called 4 the other lawyers in the case to let them know what our several 5 days of investigating in the wake of the letter made us believe 6 could be true -- we still weren't sure but we were getting a 7 lot surer -- they all expressed complete surprise. Based on 8 that, I believed that we were somewhat differently situated. 9 Although, as I think you know, we were surprised. 10 Q. You could have filed a separate brief, correct? 11 A. We could have, yes. 12 Q. With an accurate statement of the facts, correct? 13 A. We certainly could have filed a separate brief. As it 14 turned out, because the resources were different, we took by 15 far the laboring oar with the brief. 16 Q. Isn't it true that on that July 22nd call you said 17 essentially, and I can bring up the transcript if you would 18 like to see it, that you intended to lay out the facts as it 19 related to waiver essentially when and if the government asked? 20 A. That is pretty much what I said. I certainly thought it 21 was the case that the government might well raise the waiver 22 issue. As I said, I kind of missed where this was all going. 23 But I certainly thought the government was likely going to 24 inquire did we know. I didn't know and I don't believe anyone 25 else at our firm did, so I certainly planned to answer the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00010041