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Case 20-3061, Document 94, 10/08/2020, 2948481, Page19 of 23 the criminal protective order, that i should not be used except in the criminal case and therefore should not be released publicly.® This Court tasked Judge Preska with evaluating whether and to what extent the civil case filings should be unsealed considering the totality of the circumstances. Brown v. Maxwell, 929 F.3d 41, 47 & n.13 (2d Cir. 2019). Judge Preska is performing this task ignorant of the fact that ees Unless the criminal protective order is modified, Judge Preska will remain in the dark, and she will never be given the opportunity to consider the circumstances in their totality. The government appears to have abandoned the argument it made to Judge Nathan that modifying the protective order threatens the secrecy of the ongoing grand jury investigation. Op.Br. 31-32. And for good reason. Ms. Maxwell has never sought to make public material the criminal protective order shields from disclosure. All she seeks is permission to share, under seal, information 3a ®° The government’s view that | should not be released, and Judge Nathan’s order to that effect, also lend support to Ms. Maxwell’s contention that the release of the deposition material by Judge Preska will unfairly prejudice her right to a fair trial by an impartial jury. See U.S. CONST. amends. V, VI; Vixon ». Warner Comme?ns, 435 U.S. 589, 598 (1978). 16 DOJ-OGR-00019665