Document A-5759

Case 1:20-cr-00338-PAE Document 161 Filed 02/24/22 Page 74 of 130 A-5759 C2grdau2 Brune - direct 302 government and the Court accurately when the issue was presented. Q. Is that the ethical standard that governed you when you were an AUSA, Ms. Brune? A. That I was supposed to raise the other side's point in my brief when I didn't know what position they were taking? I don't think that governs any Assistant U.S. Attorney. No, I think it is really more that you were willing to lay out the accurate set of facts if and only if the government would ask you to do so. A. We've already talked about the brief and how I in some respects missed the issue, which I regret. Of course, both defense counsel AUSA's are obliged to lay things out for the court accurately. It is something that throughout my career I have always strived to do. Q. But for the Court's pressing and the government's pressing, you would have never disclosed those facts to the government, isn't that right, Ms. Brune? A. If the government chose not to raise the waiver issue, and as I thought about it I actually thought that the government had far more information or at least had access to far more information, my sense at the time was that the government had probably Googled her, too. But I thought that if the government chose to make it an issue, I was prepared to respond and respond accurately, which I tried very hard to do. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00009363 --- PAGE BREAK --- C2grdau2 Brune - direct 302 1 government and the Court accurately when the issue was 2 presented. 3 Q. Is that the ethical standard that governed you when you 4 were an AUSA, Ms. Brune? 5 A. That I was supposed to raise the other side's point in my 6 brief when I didn't know what position they were taking? I 7 don't think that governs any Assistant U.S. Attorney. 8 Q. No, I think it is really more that you were willing to lay 9 out the accurate set of facts if and only if the government 10 would ask you to do so. 11 A. We've already talked about the brief and how I in some 12 respects missed the issue, which I regret. Of course, both 13 defense counsel AUSA's are obliged to lay things out for the 14 court accurately. It is something that throughout my career I 15 have always strived to do. 16 Q. But for the Court's pressing and the government's pressing, 17 you would have never disclosed those facts to the government, 18 isn't that right, Ms. Brune? 19 A. If the government chose not to raise the waiver issue, and 20 as I thought about it I actually thought that the government 21 had far more information or at least had access to far more 22 information, my sense at the time was that the government had 23 probably Googled her, too. But I thought that if the 24 government chose to make it an issue, I was prepared to respond 25 and respond accurately, which I tried very hard to do. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00010042