DOJ-OGR-00019435.jpg

Case 20-3061, Document 60, 09/24/2020, 2938278, Page36 of 58 In Giuffre v. Maxwell, Ms. Maxwell elected not to invoke her Fifth Amendment privilege against self-incrimination in reliance on the civil protective order and this Court’s decision in Martindell, which guarantees, at the very least, notice and an opportunity to be heard on a government motion to modify a civil protective order to obtain a deposition transcript. Martindell, 594 F.2d at 294; App. 36869, lll NS 1's Court should permit Ms. Maxwell to tell Judge Preska what happened and let Judge Preska decide whether the information weighs against unsealing the deposition material or in favor of a stay. The government insists otherwise, arguing that modification of the criminal protective order would comprise the secrecy of its ongoing grand jury investigation. App. 92. This contention is implausible on its face because Ms. Maxwell’s proposed modification of the criminal protective order doesn’t threaten to compromise the secrecy of anything. All Ms. Maxwell seeks is permission to share information with Judge Preska under seal. (i ee ee 31 DOJ-OGR-00019435