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defendant of due process of law simply because it did
not produce the evidence sooner.” Id. at 144.
Maxwell requests an order directing immediate
disclosure of all Brady and Giglio material and also
requests a few specific documents she contends the
Government has failed to disclose. The Court begins
with the specific requests. The requested materials
include (1) records of witness interviews in connection
with an ex parte declaration in support of a response
to a motion to quash subpoenas; (2) an unredacted
copy of two FBI reports; (3) pages from a personal
diary that is in the custody of a civilian third party;
and (4) copies of all subpoenas the Government has
issued for Maxwell’s records as part of its investigation
in this case.
The Government represents that it is cognizant of
its Brady obligations, that is has reviewed the witness
interviews and one of the FBI reports, and that neither
set of documents includes exculpatory information not
previously disclosed. The Court has no reason to doubt
the Government’s representation in this case that it is
aware of its Brady obligations and that it has complied
and will continue to comply with them. And because
the witness statements are covered by the Jencks Act,
the Court cannot compel production of such statements
under the terms of the statute. See 18 U.S.C. § 3500;
Coppa, 267 F.3d at 145. Next, the Government
represents that it has already produced an unredacted
copy of the other requested FBI report, and so that
request is moot. The diary pages she requests are
within the control of a civilian third party, not the
Government, and so the Government need not (and
perhaps cannot) produce them. See United States v.
Collins, 409 F. Supp. 3d 228, 239 (S.D.N.Y. 2019).
Finally, Maxwell’s request for copies of all subpoenas
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