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MYUYUULTITICIIL Vo HOU VY cow The Honorable Alison J. Nathan August 17, 2020 Page 2 2 The items to be referred to (and not filed) are confidential: accordingly, referring to them under seal in the Other Matters will not prejudice the government. Relevant Facts and Procedural History > The Materials to be filed are attached, under seal, as exhibits ggg. Although marked by the government as “Confidential,” the Materials are not “Confidential” as that term has been defined by the Second Circuit. They consist of > a presumptive right of public access. See Brown v. Maxwell, 929 F.3d 41, 47 (2d Cir. 2019). Ms. Maxwell objected to the government’s Confidential designation, under paragraph 9 of the Protective Order, and requested that the government withdraw the designation. The Court does not need to decide the issue of whether the Material is confidential at this time given that Ms. Maxwell seeks only to provide the Material to judicial officers under seal as information necessary to fairly decide pending issues in those cases. DOJ-OGR-00001753