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Case 1:20-cr-00330-PAE Document 734 Filed 07/15/22 Page 10 of 16 November 19, 2021 Page Ten Confidentiality was a “cornerstone” of the EVCP,"! “critical” to its success,” and of “paramount importance.”“? Confidentiality was an indispensable term necessary to interested parties’ support for the EVCP.“4 Without the expectation of confidentiality, many victims would not have participated, and the whole purpose of the program would have been frustrated. The Supreme Court in Nixon recognized—in the context of a President’s claim of confidentiality over communications with advisors—that the “interest in preserving confidentiality is weighty indeed and entitled to great respect.” Nixon, 418 U.S. at 712. And while the Supreme Court ultimately upheld the denial of a motion to quash given that the President’s confidentiality concerns were “general in nature” and would “not be vitiated by disclosure of a limited number of conversations,” id. at 713, the facts here show that the EVCP has a particularized interest in maintaining the confidentiality of sexual-abuse victims’ information and that opening the door to any such disclosures poses a real risk of “vitiat[ing]” such a program’s effectiveness, id., and would “turn the Program on its head with far-reaching consequences to this victim population and beyond.”*° Indeed, as another district court held in quashing a subpoena under Rule 17(c)(2), “individuals could be deterred from participating in the program if it were possible for” outside parties “to obtain this type of information.” THCF Med. Clinic Recs., 504 F. Supp. 2d at 1090- 91 (quashing subpoena under Rule 17(c)(2) that sought information about participants in state- run medical marijuana program and recognizing the state’s interest in “keeping its contract with its citizens to preserve the confidentiality of their records”). The existence of the U.S. Virgin “1 Ex. F at 1 (8/9/21 Press Release) (statement of Ms. Feldman). ” Ex. F at 1 (8/9/21 Press Release). 3 Ex. C at 2 (6/25/20 Press Release). 4 See Ex. A §§ 7-8, 12 (Feldman Decl.). *® See Ex. A §§ 7-14 (Feldman Decl.). 46 Ex. A §q 13-14 (Feldman Decl.). DOJ-OGR-00011460