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testimony that I have just hit on?

MS. RIVELLINI: I am going to ask him to
rely on some documentation in order to give his
testimony, and rely on documents, and to give some
opinions as to what he thinks is going on the video, and
why. He will also give specific testimony about the
Office of Special Affairs, which Mr. Howd is a member of.
Mr. Howd has given previous testimony that he has never
heard of “Fair Game”. That he was never directed to go
out and do the things that he did, and this witness could
testify that that could never happen based on the way the
office is run.

THE COURT: Okay. Mr. de Vlaming?

MR. DENIS DE VLAMING: Judge, I don’t mean
to interrupt. Maybe I can shortcut this. Based on what
you just said when you laid out what our purpose is, you
are real close to the mark on what we intend to use this
witness for. If the hangup of the Court is as to whether
or not we need to declare him an expert so that when you
look to the tape we can use the “Fair Game Policy” as he
knows and what he was taught to say, “You see when they
went in there, you see when this happened, this is all
part of the policy.” Then I don’t need to declare him an
expert. If however, Mr. Tyson jumps up and says,
“Objection, opinion.” Then of course we are back into