DOJ-OGR-00020506.jpg
Extracted Text (OCR)
Case 22-1426, Document 3-2, 07/08/2022, 3344434, Page20 of 92
materials under seal and proposed narrowly tailored redactions on those materials. The
Government did not file any opposition to the Defendant's proposed redactions. The
Court will adopt the Defendant's proposed redactions after applying the three—part test
articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d
110 (2d Cir. 2006). Under this test, the Court must: (1) determine whether the
documents in question are "judicial documents;” (ii) assess the weight of the common
law presumption of access to the materials; and (iii) balance competing considerations
against the presumption of access. Id. at 11920. "Such countervailing factors include
but are not limited to 'the danger of impairing law enforcement or judicial efficiency’
and 'the privacy interests of those resisting disclosure." Id. at 120 (quoting United
States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed
redactions satisfy this test. The Court finds that the Defendant's submissions are
"relevant to the performance of the judicial function and useful in the judicial process,”
thereby qualifying as a "judicial document” for purposes of the first element of the
Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995).
And the Court also finds that the common law presumption of access attaches. Id. at
146; see also Nixon v. Warner Comme'ns, Inc., 435 U.S. 589, 602 (1978). As with the
redactions to her renewed motion for bail, the proposed redactions here are narrowly
tailored to serve substantial interests, including, most importantly, third parties
personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467
(S.D.N.Y. 2017). See also Dkt. No. 95. The Defendant is hereby ORDERED to docket
the redacted documents and corresponding exhibits by no later than December 23,
2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2020) (nl)
(Entered: 12/23/2020)
12/23/2020 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R.
Everdell dated December 18, 2020 re: Cover Letter for Reply Memorandum for
Renewed Bail Application (Everdell, Christian) (Entered: 12/23/2020)
12/23/2020 REPLY MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed
Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian)
(Entered: 12/23/2020)
12/28/2020 ORDER as to Ghislaine Maxwell. On December 8, 2020, Defendant Ghislaine
Maxwell filed a renewed motion for releaseon bail. Dkt No. 97. In an Opinion and
Order concurrently filed under temporary seal, the Court DENIES the Defendant's
motion. In light of the fact that the Opinion includes potentially confidential
information that should not be filed on the public docket, the Court will permit the
parties 48 hours to propose any redactions to the Courts Opinion and Order and to
justify those redactions by reference tothe Second Circuits decision in Lugosch v.
Pyramid Co. of Onondaga, 435 F.3d 110(2d Cir. 2006). After determining which, if
any, portions of the Opinion and Order should be redacted, the Court will file the
Opinion and Order on the public docket. As a result, the Court concludes that the
Government has met its burden of persuasion that the Defendant poses a flight risk and
that pretrial detention continues to be warranted. On or before December 30, 2020, the
parties are ORDERED to submit a joint letter indicating whether they propose any
redactions and the justification for any such proposal. This resolves Dkt No. 97.
(Signed by Judge Alison J. Nathan on 12/28/20)(qw) (Entered: 12/28/2020)
12/30/2020 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from
AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 30, 2020
re: Joint Letter re December 28, 2020 Opinion and Order Document filed by USA.
(Comey, Maurene) (Entered: 12/30/2020)
12/30/2020 OPINION AND ORDER as to Ghislaine Maxwell. Defendant Ghislaine Maxwell has
been indicted by a grand jury on charges of conspiracy to entice minors to travel to
engage in illegal sex acts, in violation of 18 U.S.C. § 371; enticing a minor to travel to
engage in illegal sex acts, in violation of 18 U.S.C. §§ 2422 and 2; conspiracy to
transport minors to participate in illegal sex acts, in violation of 18 U.S.C. § 371;
transporting minors to participate in illegal sex acts, in violation of 18 U.S.C. §§ 2423
and 2; and two charges of perjury, in violation of 18 U.S.C. § 1623. The Court held a
lengthy bail hearing on July 14, 2020. After extensive briefing and argument at the
hearing, the Court concluded that the Defendant was a clear risk of flight and that no
conditions or combination of conditions would ensure her appearance. Defendant
Ghislaine Maxwells renewed motion for release on bail, Dkt. No. 97, is DENIED.
(Signed by Judge Alison J. Nathan on 12/28/20)(jw) (Entered: 12/30/2020)
DOJ-OGR- 00020506
Extracted Information
Document Details
| Filename | DOJ-OGR-00020506.jpg |
| File Size | 1451.2 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 4,981 characters |
| Indexed | 2026-02-03 19:58:13.373709 |