Local radioheads and sports fans in and around this Minor Outlying Island off the Coast of North America will hardly need me to remind them of that signature halloo, which echoed around these parts for nigh on twenty years.

But Marc Lore and Carolyn Lore, Docket No. 8259-23, filed 6/3/25, reject that call and raise a squawk when IRS tries to introduce a videotape from CNBC’s Wall Street morning report thus entitled. Marc and Doug McMillon did an interview thereon, wherein they discussed the transaction at issue. IRS wants to show Marc’s and Doug’s state-of-mind.

Marc’s trusty attorneys yell hearsay. Judge Courtney D. (“CD”) Jones clears the objections shortly.

Admission against interest, FRE 801(d)(2). Anything you say will be taken down and used…but you know the rest. When the mike is thrust before you, the urge to gab is your worst enemy.

The tape was edited, hence inaccurate. Rule of completeness: “… although the rule of completeness allows the opposing party to introduce the remainder of a document or video without additional foundation, the rule does not prohibit the admission of incomplete documents. Thus, even if the video footage is edited, the rule of completeness is inapplicable at this stage of the proceedings and would not prohibit introduction of an edited video clip.” Order, at p. 2. (Citations omitted). In short, IRS can put in the edited tape, and Marc can put in the whole one.

Finally, the tape will show Doug McMillon’s state of mind, not the truth of what he or Marc said. FRE 803(3) lets proponent show intent, plan or motive.

As Doug McMillon (a/k/a Doug McBillion) is President and CEO of Walmart, this must be quite a deal. Seems the deficiencies for the two years at issue come to $15,656,849 and $6,946,309 respectively. Plus chops, of course.