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1 conversation --
2 THE COURT: I'm really thinking about beyond the plaza
3 conversation, at the time a month and a half later when they
4 filed their motion, they failed to disclose to the Court what
5 they knew and when they knew it. And a series of proceedings
6 then occur, essentially initiated by both the Court and the
7 government to find out what they knew and when they knew it.
8 And their statements in their memorandum to the Court on their
9 motion that they knew were wrong or misleading at the time that
10 they made them to me.
11 MR. SHECHTMAN: You're not going to get much argument
12 from me on the point. The Court has a sort of lovely phrase in
13 the opinion about disclosure by iteration or something like
14 that. There is no doubt when you go from the telephone
15 conversation to the document itself, and then to and not
16 wanting further discovery, wanting your Honor to somehow
17 address a preliminary issue and issues of privilege. Your
18 Honor knows I got in this case late and the first thing I did
19 was to say, what are we kidding ourself? We are going to turn
20 over those documents to the Court because worse comes to worst,
21 the Court is going to look at them in camera. And if it is
22 going to look at them in camera, it is going to look at them, I
23 don't know you can say out of camera, but it's going to look at
24 them. This is not a game.
25 I think what happened, though, is lawyers said to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00010165