Full Text
C2GFDAU3 Brune - recross 318
1 thinking about, well, what will happen if nobody ever raises
2 it. But if nobody ever raised it, I don't think that I would
3 have even been acting ethically if I said on behalf of my
4 client, hey, here's an argument I don't even think is
5 meritorious but the government has omitted to raise it so I on
6 the defense side will raise it.
7 THE COURT: All right. Any further inquiries?
8 Ms. Davis or Mr. Schectman?
9 MS. DAVIS: Can I have one brief followup on that,
10 your Honor?
11 THE COURT: Yes.
12 MS. DAVIS: Can I just do it from right here?
13 THE COURT: Yes.
14 REDIRECT EXAMINATION
15 BY MS. DAVIS:
16 Q. Are you talking about facts or argument, Ms. Brune, when
17 you say you wouldn't have -- are you saying you would not have
18 disclosed the underlying facts or wouldn't have made the legal
19 argument?
20 A. If it was put in issue by the Court or by the government, I
21 would have done and in fact did do what I did. It's a little
22 tangled up. What I'm trying to say is, I would have laid it
23 out, which is what I did.
24 Q. The facts, though?
25 A. Well, I also try to lay out the applicable law. I'm not
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010058