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Case 1:20-cr-00330-AJN Document 66 Filed 10/23/20 Page 7 of 7 The Honorable Alison J. Nathan October 23, 2020 Page 7 The BOP, for their part, has only exacerbated these problems. For example, on a legal visit today to review images on a laptop computer provided by the Government, we were told that we could not sit on the same side of the table as Ms. Maxwell to review the images simultaneously. Instead, we were directed by MDC prison guards to sit across from Ms. Maxwell, such that we could not see what she was reviewing or meaningfully discuss the materials. To compound the problem, we were told by the team leader that defense counsel would not be permitted to pass Ms. Maxwell papers for her to review or sign. This required a break in the meeting so that defense counsel could call the prosecutors to intervene. The prosecutors agreed to call the MDC to ensure that defense counsel could pass legal papers to Ms. Maxwell. But that message was clearly not received by the MDC. After returning to the MDC, we were told that we could pass Ms. Maxwell only documents that required her signature, but not documents that needed her review. It is impossible for Ms. Maxwell to participate in her defense and adequately prepare for trial if she cannot review documents prepared by her attorneys. Accordingly, we ask the Court to order the BOP to allow defense counsel to pass legal papers to Ms. Maxwell for her review during prison visits. The Government cannot discharge its discovery obligations by partially completing them. The Government must fully complete them and do so on the deadlines they agreed to with the Court. And it goes without saying that the Government cannot discharge its discovery obligations by producing the discovery to defense counsel. Ms. Maxwell has a right to review all the discovery to participate in her own defense. As such, she must have a complete set of readable discovery in the MDC, which she does not have. The Government has created these problems by insisting on detention prior to trial. It is their burden to fix them. The Government has not requested any relief in its letter of October 7, 2020. Ms. Maxwell anticipates that once the Government responds to her discovery requests and after further conferrals the parties will be in a better position to seek relief from the Court. It may be appropriate for the Court to schedule a status conference after November 9 to consider these issues. Respectfully Submitted, Jeffr¢y S. Pagliuca CC: Counsel of Record (via ECF) DOJ-OGR-00001811