Anything they haven’t been prepped on is just answered with I don’t know. So the end result is just who is the better actor? Who memorized their lines the best.
They will have to face the consequence because then the lawyer will bring up stuff that shows:
- you know and you are lying
- you said/did/wrote something and you forget but here is the internal email etc.
- use that to their advantage when possible.
Target is to make the case, through Gabe is just a attacking vector.
It would be impossible to prove that you remembered something while in the stand which is why many people use that as a defense.
Did you followed the Debb vs Heard one? I know it’s kinda special case with lots of video and court recorded footage etc. Gabe isn’t exactly a celebrity that expose their private life, but if internal emails is on the table for discovery then it can also be very different. Cause they will just tell you “you said/wrote make a decision here from this email” then start off that. Like you said who is a better actor? Can you suddenly remember details with which “partial” quote are referenced without context from email 6 months ago for your argument? And then suddenly don’t remember any details making a decision 2~3 weeks ago? From neuroscience, our memory is pretty unreliable as we can fill the gap all we want. But it’s court case just how the judge/jury believed what part they saw/hear.
