DOJ-OGR-00019632.jpg
Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page25 of 37
19
Maxwell nevertheless argues that reversal of the
Order is necessary to prevent documents in a civil case
from being unsealed. As further described below, Max-
well fails to explain how the way the Government ob-
tained the confidential criminal discovery materials at
issue has any bearing on or in any way affects First
Amendment principles governing unsealing decisions
in a civil case. Second, and as further described below,
Maxwell is already able to share the essential facts she
wishes to convey under Judge Nathan’s Order. As
such, she has not shown how the Order damages her
in any way. See Caparros, 800 F.2d at 26 (without a
showing of serious harm, “review cannot be granted
under section 1292(a)(1)”).6
(Br. 14). That remains to be seen. In the meantime, the
litigation of this appeal undoubtedly consumes the re-
sources of the parties, who must now litigate an issue
twice in the middle of a pending criminal case—once
before the District Court and a second time before this
Court. It would be a much more efficient use of re-
sources for the parties to focus on completing the crim-
inal discovery process, preparing pretrial motions, and
trial, after which any appeal consolidating all claimed
errors could be taken.
6 As noted in the Government’s Motion to Dis-
miss, 28 U.S.C. § 1292(a)(1) provides that Courts of
Appeals shall have jurisdiction over “[i]nterlocutory
orders of the district courts of the United States ... or
of the judges thereof, granting, continuing, modifying,
refusing or dissolving injunctions, or refusing to dis-
DOJ-OGR- 00019632
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019632.jpg |
| File Size | 641.8 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 1,643 characters |
| Indexed | 2026-02-03 19:45:44.146100 |