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Extracted Text (OCR)
Case 20-3061, Document 69, 09/28/2020, 2940206, Page? of 15
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 despite 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 government’s contentions to the contrary rely on two easily
distinguishable cases and misunderstand Ms. Maxwell’s arguments on the merits.
Start with the two cases on which the government relies. Doc. 37, p 11 (citing
United States v. Caparros, 800 F.2d 23, 24 (2d Cir. 1986); United States v. Pappas,
94 F.3d 795, 798 (2d Cir. 1996)). According to the government, Caparros and
Pappas hold that “protective orders regulating the use of documents exchanged by
‘ 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-00019598.jpg |
| File Size | 635.5 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 1,427 characters |
| Indexed | 2026-02-03 19:45:21.387825 |