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Case 1:20-cr-00330-PAE Document 804 _ Filed 08/06/25 Page 25 of 27 considering whether a special circumstance, such as historical interest by the public, justifies the unsealing of grand jury materials, courts must consider the “countervailing interests in privacy and secrecy.” Jn re Petition of Nat’l Sec. Archive, 104 F. Supp. 3d 625, 628 (S.D.N.Y. 2015). The timing of the request in comparison to when the grand jury proceedings took place is “one of the most crucial elements” for courts to consider because it relates to the “continued existence and vulnerability of” parties involved in the proceedings, another factor that courts should consider when evaluating the request. Craig, 131 F.3d at 1072 a. The privacy interests outweigh any historical interest justifying disclosure The government cannot satisfy the high burden of showing that it has met the “special circumstances” required for unsealing of the grand jury materials in this case with respect The grand jury proceedings at issue here took place only within the last few . if not most, of the relevant witnesses and parties mentioned in the proceedings are years. Many remain vulnerable to Q e matters at issue in this case made public. The degree of injury that would face from disclosure is difficult to overstate. Given the media frenzy that has accompanied all activity in this case, there is no doubt that the press will scrutinize every unsealed filing. Publicizing any information in the grand jury materials related a will inflict irreparable harm on them through the very fact of their association wt S$ case, There is no question that the interests in the privacy and secrecy of innocent third parties and who are still alive today, any historical interest that the public has in reviewing these materials. For these reasons, t remain sealed. 3In Craig, the Second Circuit lists nine “non-exhaustive” factors that a trial court should consider when deciding whether to unseal grand jury materials because of “special circumstances.” Jd. at 106. DOJ-OGR-00015120