Defendant Igor Danchenko’s Motion in Limine to Limit the Testimony of Charles Dolan
Notes: For the reasons detailed below, Defendant Igor Danchenko, by and through counsel, respectfully submits this Motion in Limine to preclude evidence, testimony, or argument that Charles Dolan jokingly and baselessly speculated that Igor Danchenko may have been associated with the Russian government.
Based upon statements by the Special Counsel at the motions hearing before the Court on September 29, 2022, and information included in the proposed trial exhibits submitted by the Special Counsel, it appears that the Special Counsel intends to present evidence and testimony concerning Charles Dolan’s speculative belief that Mr. Danchenko may have worked for the Russian government. See Government Exhibit 709 (June 10, 2016 Email) (“[Mr. Danchenko] is too young for KGB. But I think he worked for FSB [Russian Federal Security Service]. Since he told me he spent two years in Iran. And when I first met him he knew more about me that I did. ;-
)”; see also Government Exhibit 717 (January 13, 2017 Email) (“I’ve been interviewed by the Washington Post and the London Times – three times over the last two days over the MI-6 Dossier on Trump and I know the Russian agent who made the report. (He used to work for me)”).
The exhibits and any testimony or argument concerning Mr. Dolan’s conjecture is wholly irrelevant, inadmissible, and unreliable. In addition, Mr. Dolan’s “half-joking” comments to third parties are far more prejudicial than probative and must be excluded under the Fed. R. Evid. Rule 403 balancing test.