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Case#: 2326-1030308-AENuDocument#: 64402/2Exhib#: 03282022Page#: 2136df3030
A-5808
C2GFDAU3 Edelstein 351
1 said that you had a conversation with Susan Brune, yes or no?
2 A. Yes.
3 Q. Okay, and as a result of that discussion you decided what
4 you would omit from the brief, correct?
5 A. I wouldn't characterize it as omit.
6 Q. Okay, let's just stop there. You and Susan Brune discussed
7 the fact that you wouldn't include certain things you knew
8 about before the juror note in your brief, yes or no?
9 A. Yes.
10 Q. So isn't that a decision that you made with Susan Brune
11 about what you would omit from the brief, yes or no?
12 A. Yes.
13 Q. So when you answered my questions a few minutes ago when I
14 asked you whether you decided with Susan Brune that you would
15 omit something, you said no. Was that an untrue answer before?
16 A. Well, I'm not sure if that was the exact question. I'm
17 not -- I'm not trying to lie here or give you a hard time.
18 These are difficult questions to answer. In looking back and
19 trying to figure out what the process was for writing this
20 brief, if I had to do it over again would I do it differently?
21 Yes. In hindsight should we have dropped a footnote saying
22 that we, you know, knew that there was a suspended lawyer with
23 the same name? If I had to do it over again I would certainly
24 do that. And I'm very sorry for any misimpression the brief
25 has created.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010091