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Case 1:20-cr-00330-PAE Document 809 _ Filed 08/11/25 Page 22 of 31 public-record trial testimony of firsthand witnesses, and thus is not of significant historical or public interest, there is arguably no charter for even undertaking the Jn re Craig inquiry. After all, the “special circumstances” exception to Rule 6(e) only applies in “exceptional circumstances,” not to “garden variety” grand jury testimony. /n re Craig, 131 F.3d at 103 (citation omitted); see also Gov’t Mem. at 3-4 (“acknowledg[ing] the extraordinary nature of [its] request”). Nonetheless, for completeness, the Court evaluates the Government’s motion in light of the non-exhaustive factors listed in Jn re Craig. The Court also addresses two other factors implicated by the motion: the perspectives of Epstein’s and Maxwell’s victims, as expressed in letters to the Court; and the systemic interest in grand jury secrecy. As this assessment shows, the Government has failed, by a wide margin, to carry its burden. These factors, considered together, favor denial of its motion to unseal. 1. Identity of the Party Seeking Disclosure This factor ordinarily carries “great weight,” and “the government’s position should be paid considerable heed.” Jn re Craig, 131 F.3d at 106. But the Government’s position is “not dispositive.” Jd. “Government support cannot ‘confer’ disclosure, nor can government opposition preclude it.” /d. And courts in this District, applying the Jn re Craig factors, have ruled against the Government’s position. See Jn re National Security Archive, 104 F. Supp. 3d at 628-29 (ordering, over Government’s objection, disclosure of testimony of two witnesses before grand jury that indicted Julius and Ethel Rosenberg for espionage); Jn re AHA, 49 F. Supp. 2d at 278, 297-98 (ordering, over Government’s objection, disclosure of testimony before grand juries that investigated and/or indicted Alger Hiss for espionage). This factor favors disclosure. But for two reasons, the Court accords this factor limited weight. 22 DOJ-OGR-00015154