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Case 20-3061, Document 60, 09/24/2020, 2938278, Page19 of 58
she learned from Judge Nathan, Judge Preska’s order unsealing the deposition
material will go into effect without Judge Preska’s having the opportunity to
reconsider her decision in light of the new information. And once the deposition
material is unsealed, the cat is irretrievably out of the bag. That is precisely why
this Court stayed Judge Preska’s order pending appeal. Gzuffre ». Maxwell, No. 20-
2413 (2d Cir.), Doc. 30.
Second, the appeal of Judge Nathan’s order is entirely “independent of the
issues to be tried” in the criminal case and its “validity can[] be adequately
reviewed” now. See Flanagan, 465 U.S. at 268. There is nothing about Ms.
Maxwell’s request to share information with Judge Preska that must wait until the
criminal trial is over. To the contrary, waiting until the criminal trial is over will
moot the issue.
Third, this appeal does not and will not delay the criminal case, which is
proceeding apace notwithstanding the proceedings before this Court. See zd. at 264
(explaining that interlocutory appeals in criminal cases are generally disfavored
because of the “societal interest in providing a speedy trial’’).*
* The fact that the criminal case is proceeding on course despite this appeal
confirms that this appeal involves an issue completely separate from the merits of
the criminal action.
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Dates
Document Details
| Filename | DOJ-OGR-00019418.jpg |
| File Size | 616.6 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 1,417 characters |
| Indexed | 2026-02-03 19:43:07.852783 |