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Extracted Text (OCR)
86a
the Government has issued is overly broad and lacks
a legal basis. Maxwell is not entitled to compel pro-
duction of these documents.
The Court also will not issue an order requiring the
immediate disclosure of Brady and Giglio material.
The Government has represented that it recognizes its
obligations under Brady and that it has complied, and
will continue to comply, with such obligations. The
Court has no reason to doubt these representations
given its expansive approach to document production
thus far in this case. The Government has agreed in its
recent letter to produce Giglio material six weeks
in advance of trial. The parties shall negotiate the
specific timing, but assuming a schedule along those
lines is met, the Court concludes that Maxwell will be
able to effectively prepare for trial. See Coppa, 267 F.3d
at 144.
B. Jencks Act material and co-conspirator
statements
Maxwell also seeks to expedite discovery of Jencks
Act material and non-exculpatory statements of co-
conspirators that the government may offer at trial.
The Jencks Act, 18 U.S.C. § 3500, “provides that no
prior statement made by a government witness shall
be the subject of discovery until that witness has
testified on direct examination.” Coppa, 267 F.3d at
145. The statute therefore prohibits a district court
in most cases from ordering the pretrial disclosure
of witness statements unless those statements are
exculpatory. “A coconspirator who testifies on behalf of
the government is a witness under the Act.” In re
United States, 834 F.2d 283, 286 (2d Cir. 1987). The
Court therefore lacks the inherent power to expedite
these disclosures. In any case, the Government has
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