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Case 1:08-cr-00231-EGS Document 126-7 Filed 10/02/2008 Page 1 of 5

EXHIBIT F
Case 1:08-cr-00231-EGS Document 126-7 Filed 10/02/2008 Page 2 of 5

transcript - 09-16-08 10/2/2008

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UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA CRIMINAL ACTION NO. 08-0231

WASHINGTON,D.C.

VERSUS TUESDAY, SEPTEMBER 16, 2008

THEODORE F. STEVENS 3:30 P.M.

STATUS HEARING

BEFORE THE HONORABLE EMMET G. SULLIVAN

UNITED STATES DISTRICT COURT JUDGE

A P P E A R A N C E S:

FOR THE PLAINTIFF, BRENDA K. MORRIS, ESQ.


U.S. DEPARTMENT OF JUSTICE
1400 New York Avenue, NW
12th Floor
Washington, DC 20005
(202) 514-1439

NICHOLAS A. MARSH, ESQ.


U.S. DEPARTMENT OF JUSTICE
10th & Constitution Ave. NW
Washington, DC 20530
202-307-1049

JOSEPH W. BOTTINI, ESQ.


JAMES A. GOEKE, ESQ.
U.S. ATTORNEYS OFFICE
District of Alaska
222 West Seventh Avenue
Federal Building and U.s.
Courthouse
Anchorage, AK 99513-7567
(907) 271-5071

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Case 1:08-cr-00231-EGS Document 126-7 Filed 10/02/2008 Page 3 of 5

transcript - 09-16-08 10/2/2008

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EDWARD P. SULLIVAN,ESQ.
2 U.S. DEPARTMENT OF JUSTICE
1400 New York Avenue, NW
3 12th Floor
Washington, DC 20005
4 (202) 514-1412
5
FOR THE DEFENDANT, ROBERT M. CARY, ESQ.
6 WILLIAMS & CONNOLLY
725 12th Street, NW
7 Washington, DC 20005
(202) 434-5175
8
ALEX G. ROMAIN, ESQ.
9 WILLIAMS & CONNOLLY
725 12th Street, NW
10 Washington, DC 20005
(202) 434-5164
11
REPORTED BY: WENDY C. RICARD, RPR, CCR
12 OFFICIAL COURT REPORTER
333 Constitution Ave., NW.
13 Room #6718
Washington, DC 20001
14 (202)354-3111
15

16 Proceedings recorded by mechanical stenography.


17 Transcript produced by computer-aided transcription.
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transcript - 09-16-08 10/2/2008

Page 30
1 it this way. They don't need the information about which
2 agents were present in an interview to impeach Mr. Billings,
3 for instance.
4 What they would say to Mr. Billings is: Do you
5 recall making a statement to the effect of "x"? He either
6 will either recall it or he won't. Do you recall being
7 interviewed by the FBI? They don't need more information
8 beyond that. If he doesn't recall it, he doesn't recall it,
9 but it wouldn't be proper impeachment to then put a 302 in
10 front of him and say, uh-huh, you did talk to the FBI. That's
11 not his statement.
12 THE COURT: All right. I'm going being to direct
13 that the government produce the redacted 302s and do it by
14 tomorrow.
15 MR. SULLIVAN: Very well, Your Honor.
16 THE COURT: Maybe they won't learn anything more,
17 but I'm going to direct that it be produced. What else?
18 Anything else? The medical records issues I'll deal with on
19 Thursday if not sooner. I may decide on the papers. I don't
20 know.
21 Do you plan to file a reply to the government's
22 response and maybe you already have?
23 MR. CARY: Oh, we have, Your Honor.
24 THE COURT: You have. All right.
25 MR. CARY: Yes.

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2 C E R T I F I C A T E
3

4 I, Wendy C. Ricard, Official United States Court


5 Reporter in and for the District of Columbia, do hereby
6 certify that the foregoing proceedings were taken down by
7 me in shorthand at the time and place aforesaid,
8 transcribed under my personal direction and supervision,
9 and that the preceding pages represent a true and correct
10 transcription, to the best of my ability and
11 understanding.
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15 ________________________________
16 Wendy C. Ricard, RPR, CCR,
17 Official U.S. Court Reporter
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