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Case 20-3061, Document 94, 10/08/2020, 2948481, Page of 23 Ans.Br. 18. But as Ms. Maxwell explained in her opening brief, if Judge Preska orders the deposition transcripts unsealed, the government will invoke Judge Preska’s order as a shield against its improper conduct. Op.Br. 27-28, 30. The government will argue that it would have inevitably discovered Ms. Maxwell’s deposition transcripts or that any improper conduct on its part was ultimately harmless. Op.Br. 30. Conspicuously, the government in the answer brief never denies that it will make such an argument. Ans.Br. 18 & n.4. The government responds that if Ms. Maxwell “is concerned that unsealing will open up an inevitable discovery argument for the Government, she can explain to Judge Nathan when making a suppression motion how an unsealing decision would have been altered by revelation of criminal discovery materials to the unsealing court.” Ans.Br. 18. This is fanciful thinking. If this Court affirms Judge Preska’s decision unsealing the deposition material, Judge Nathan likely will not (cannot?) reject an inevitable discovery argument from the government. Judge Nathan is not going to second-guess Judge Preska’s decision to unseal the deposition material if this Court affirms its release. This, of course, explains why the government has not moved to intervene in Gzuffre yp. Maxwell, No. 15-cv-7433 (S.D.N.Y.), to stay the unsealing process, or to oppose the unsealing of the deposition material. Because Judge Preska and the panel of this DOJ-OGR-00019655

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Filename DOJ-OGR-00019655.jpg
File Size 674.3 KB
OCR Confidence 94.5%
Has Readable Text Yes
Text Length 1,541 characters
Indexed 2026-02-03 19:45:56.610598