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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page31 of 37
25
certain discovery materials would impact the unseal-
ing analysis under First Amendment principles in a
civil matter. Even if Maxwell were correct that the way
in which the Government obtained the materials was
improper—and she is not—that fact would have no
bearing on the analysis of whether materials in certain
civil cases should be unsealed. Maxwell cites not a sin-
gle case to support the conclusion that her desire to
prevent the Government from raising an inevitable
discovery argument in suppression litigation should
impact the unsealing analysis in a civil case. She offers
no coherent argument for how the criminal discovery
materials would impact any decision in a civil case.
At bottom, it remains unclear what legal argument
Maxwell wishes to make in her civil cases based on the
criminal discovery materials she has identified or
what relevance those materials have to the litigation
of those civil matters. Accordingly, Judge Nathan did
not abuse her discretion when concluding that Max-
well “furnishe[d] no substantive explanation regarding
the relevance of the Documents to decisions to be made
in those matters, let alone any explanation of why
modifying the protective order in order to allow such
disclosure is necessary to ensure the fair adjudication
of those matters.” (A. 101).
In pressing for a different result here, Maxwell ar-
gues that “if the deposition material is unsealed, it
may foreclose” any of her arguments to Judge Nathan
about the perjury counts or other remedies available
to Maxwell based on the Government’s alleged circum-
vention of Second Circuit law. (Br. 27). Maxwell claims
that “all [she] seeks in this appeal is the ability to
DOJ-OGR-00019638
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019638.jpg |
| File Size | 680.5 KB |
| OCR Confidence | 95.3% |
| Has Readable Text | Yes |
| Text Length | 1,767 characters |
| Indexed | 2026-02-03 19:45:46.949406 |