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Romero_Trial_Transcript_8_25_04_53_2

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8-<strong>25</strong>-<strong>04</strong> <strong>Trial</strong> <strong>Transcript</strong><br />

16 Greentree, who at the time was a staff member of the United<br />

17 States Embassy in El Salvador, testifies that he obtained this<br />

18 copy of the Saravia diary at that time. I won't summarize the<br />

19 declaration further, except to point out that there are two<br />

20 versions of the diary.<br />

21 And Professor Karl, this afternoon, will testify a<br />

22 bit about the version of the diary that Todd Greentree --<br />

23 THE COURT: Maybe we ought to reserve the ruling then<br />

24 until that testimony is received and I have a chance to read<br />

<strong>25</strong> the Greentree declaration.<br />

199<br />

1 MR. Van AELSTYN: I appreciate that, your Honor. I<br />

2 just wanted to flag the issue, that there are two different<br />

3 bases.<br />

4 THE COURT: Yes.<br />

5 MR. Van AELSTYN: The basis for Exhibit Number 123 is<br />

6 that it has been maintained by the United States Department of<br />

7 State, and Ambassador White did identify it as such.<br />

8 And we believe that it is admissible on the same<br />

9 grounds as 1<strong>25</strong>, which is to say, it is a document obtained by<br />

10 the United States Embassy in the course of its business, not<br />

11 generated by the United States Embassy, but obtained by the<br />

12 United States Embassy as part of its business and then<br />

13 maintained by it in its public records.<br />

14 THE COURT: And what I am concerned about is this.<br />

15 The exact circumstances in which it came into the possession<br />

16 of the agency, from whom it was delivered, what the, quite<br />

17 frankly, the position, status, the motive of the person<br />

18 delivering it, whether or not that would have any effect on<br />

Page 15

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