(At sidebar)
THE COURT: Ms. Comey, I assume that we're going to be in a position for a break at some point soon.
MS. COMEY: Yes. Yes, I was about to ask for one and then there was a sidebar. I had a couple more questions left before I was ready.
THE COURT: OK.
MR. AGNIFILO: Couple of issues. One, I believe there was a joint defense understanding between the witness's lawyer and us, and more to the point where I think Ms. Comey's about to go, I'm the one who said you cannot name a potential grand jury witness by name in anything that you say publicly. So I kind of feel like we're getting into a little bit of an unfortunate position. I don't -- I think this witness knows that. I think. But at the end of the day, she's right. Cassie's name was in the original. I said you should not address anything to who I think is a potential grand jury witness, and he wisely followed my advice. So I don't really know kind of where we go from here, but that's my worry.
THE COURT: All right.
MS. COMEY: If I may, your Honor?
THE COURT: So just to be clear, you don't have an objection to the inquiry up to now, but you have a sense of where it is going to go, and you have an objection as to that.
MR. AGNIFILO: I think that's probably right. But I don't know exactly where it's going to go.
MS. COMEY: Your Honor, I'm happy to change subjects. This is the first I'm hearing of that. What this witness would say about the drafts was in the 3500. So I'm very sorry. I did not realize that we were getting anywhere near privilege. She had never mentioned lawyers in any of her description of these events, but I will move on. I don't need to go into this any further.
THE COURT: There you go. Resolved. Mr. Agnifilo.
MR. AGNIFILO: One second, Judge. So -- all right. My colleague points out that she said she was disappointed in the video, which is where I thought she was about to go with the next step. I don't know that her feeling of the video should be part of the record. I don't know if it's relevant. Also, it ignores the fact -- I think she knows the reasons why that person's name wasn't in it. So I'm just going to ask that that part be stricken, that her being disappointed --
THE COURT: Just the last question and answer.
MR. AGNIFILO: Yeah, I think that's right.
THE COURT: First of all, there was no objection to the question, and there have been a few questions along these lines with no objections. So I think you're a little late in terms of making the objection.
MS. COMEY: If I may, your Honor? I've asked this witness about this multiple times. It's in the 3500. She has never once mentioned lawyers, and I have asked her very specifically before asking her about these in our meetings, were there lawyers at Two Star, were there lawyers for this conversation, because I did not want to cross anywhere near privileged territory. She does not remember there being lawyers, and I will also say I don't think we need to go down this road further with her, but I think if she were asked why were you disappointed, it's not just that the draft changed but also she felt that the behavior she saw in the video merited a personal apology. So that's different from the draft changed.
THE COURT: Let's do this. Since this was going to be the natural ending place for a break, let's do that, because otherwise, people are listening to white noise and then we're going to take a break after. So why don't we take a break and then we'll address it.
MS. COMEY: That's fine.
(Continued on next page)