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Extracted Text (OCR)
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
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Extracted Information
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Document Details
| 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 |