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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page24 of 37
18
adequately protect ... interest[s]” asserted by defend-
ant); cf. Mohawk Indus., 558 U.S. at 109 (holding that
orders to disclose privileged information are not imme-
diately appealable even though they “intrude[] on the
confidentiality of attorney-client communications’). If
Maxwell is concerned that unsealing will open up an
inevitable discovery argument for the Government,
she can explain to Judge Nathan when making a sup-
pression motion how an unsealing decision would have
been altered by revelation of criminal discovery mate-
rials to the unsealing court.‘ If Maxwell is dissatisfied
with the result of that suppression motion, she can
raise the issue on appeal following final judgement. In
short, because Judge Nathan’s Order is not effectively
unreviewable on appeal after final judgment, Maxwell
cannot satisfy the third prong of the collateral order
doctrine. ®
4 Notably, though, Maxwell has not explained
how her desire to prevent the Government from mak-
ing an inevitable discovery argument has any bearing
on Judge Preska’s analysis of whether the First
Amendment requires unsealing of judicial documents
in a civil case. She offers no case law to support such
an argument and does not articulate how her desire to
prevent the Government from making an inevitable
discovery argument impacts the unsealing analysis in
a civil case.
5 In support of her argument in favor of expand-
ing the collateral order doctrine to embrace her inter-
locutory appeal here, Maxwell suggests that this ap-
peal has not and will not delay the criminal case.
DOJ-OGR-00019631
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019631.jpg |
| File Size | 649.8 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 1,647 characters |
| Indexed | 2026-02-03 19:45:41.767105 |