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Case 20-3061, Document 54, 09/23/2020, 2937091, Page3 of 6
case and to stay the unsealing process, just as it moved to intervene and to stay
discovery in Doe v. Indyke, a civil case in which Jane Doe alleges that Epstein and
Ms. Maxwell abused and exploited her as a minor. According to the government, a
stay of that case was necessary to “preserv[e] the integrity of the criminal
prosecution against [Ms.] Maxwell.” Doe ». Indyke et al., No. 20-cv-00484, Doc.
81, p 4, 9/14/2020 Order Granting Motion to Stay. The court there agreed, and it
granted Ms. Maxwell’s motion to stay. Jd. at 12. This Court should not let the
government engage in such obvious gamesmanship.
The government insists that, in these two appeals, Ms. Maxwell is “ask[ing]
this Court to rule on .. . the lawfulness of the Government’s applications to modify
certain protective orders in other judicial proceedings.” Doc. 113, J 27. That is not
so. The government’s contention mischaracterizes Ms. Maxwell’s argument.
As Ms. Maxwell said in her opening brief:
The civil case is not the appropriate forum to litigate the
government’s apparent violation of Martindell. Ms. Maxwell intends
to make that argument to Judge Nathan in the criminal case. But if
Judge Preska’s unsealing order is affirmed and Ms. Maxwell’s
deposition is released, her ability to make that argument before Judge
Nathan will be prejudiced. Keeping the deposition material sealed will
preserve the status quo and protect Ms. Maxwell’s right to litigate
Martindell and the Fifth Amendment in the criminal proceeding.
Doc. 69, p 33. Only by mischaracterizing Ms. Maxwell’s argument can the
government contend that she is “ask[ing]| this Court to rule on . . . the lawfulness of
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Document Details
| Filename | DOJ-OGR-00019396.jpg |
| File Size | 734.8 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 1,750 characters |
| Indexed | 2026-02-03 19:42:58.019917 |