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Extracted Text (OCR)
Case 20-3061, Document 94, 10/08/2020, 2948481, Page8 of 23
public.* Op.Br. 16. (distinguishing United States v. Caparros, 800 F.2d 23 (2d Cir.
1986)).
The government argues that Ms. Maxwell can wait until after the criminal
trial to challenge whether, for example, Judge Preska’s unsealing decisions produce
unfair pretrial publicity in the criminal case. But a panel of this Court considering
an appeal in the criminal case presided over by Judge Nathan won’t have any
jurisdiction to review orders entered by Judge Preska in the civil case. The time for
reviewing Judge Preska’s unsealing order in the civil case is right now in the appeal
of Judge Preska’s order, Giuffre v. Maxwell, No. 20-2413.
The government also argues that, in a post-trial appeal, Ms. Maxwell can
challenge the government’s conduct in obtaining Ms. Maxwell’s deposition
transcripts and the use of those transcripts as a basis for two perjury counts.
* This Court should accordingly reject the government’s argument that “[t]o
the extent Maxwell still wishes to use materials she obtained through criminal
discovery for other purposes after entry of final judgment in the criminal case, she
can seek authorization from this Court to do so then.” Ans.Br. 17.
Similarly, the government misunderstands the relief Ms. Maxwell seeks
when it contends that “[i]f Maxwell complains that her inability to use criminal
discovery materials in civil matters may result in premature unsealing ..., she
can... raise [that] claim[] before this Court on appeal after entry of final judgment
in her criminal case.” Ans.Br. 17. A post-final-judgment appeal will do no good
because there is no way to “re-seal” material already unsealed and no way to
retroactively stay an unsealing process that is largely if not entirely complete.
DOJ-OGR-00019654
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019654.jpg |
| File Size | 767.0 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 1,813 characters |
| Indexed | 2026-02-03 19:45:56.330752 |