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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 DOJ-OGR-00000149

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Filename DOJ-OGR-00000149.tif
File Size 39.9 KB
OCR Confidence 95.3%
Has Readable Text Yes
Text Length 1,696 characters
Indexed 2026-02-03 15:58:22.282868