12S H3vlgiu2 ih we're not offering any of this for the truth of the matter 2 asserted. So 87 pages of police reports, a hundred pages or 3 however many there are of trash, you know, witness transcripts, 4 no, no, no, no, none of that is being offered for the truth of 5 the matter asserted, we want to offer it to show Ms. Maxwell's 6 state of mind when she issued her statement through Mr. Barden 7 and Mr. Gow. So the huge problem with that, your Honor, which 8 we've already dealt with, is, Ms. Maxwell has no knowledge of 9 what's in these police reports, the trash pulls, any of these 10 things, and so as a matter of law, this can't be part of her Pi. state of mind. 12 What is instructive on this point, your Honor, I went 13 and read every single case that plaintiff's counsel cited for 14 this proposition that it is state of mind, and what's great 15 about these cases, frankly, every single one of them, whoever 16 the statement is being introduced on behalf of, or against, de knows about the statement. So when you look at their papers, 18 they cite United States v. Gotti for the proposition that it 19 goes to state of mind. Well, you know who Mr. Gotti is, and 20 Mr. Gotti was charged with witness tampering. Mr. Gotti wanted 21 to introduce some wiretapped statements that the FBI had, where 22 he was talking to an informant and telling the informant things 23 that Gotti said went to his state of mind. Well, the Second 24 Circuit said, yes, you can do that, Mr. Gotti, first of all, 25 because the government's introducing part of these transcripts, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011416