DOJ-OGR-00020822.jpg
Extracted Text (OCR)
Case 22-1426, Document 57_02/28/2023, 3475900, Page204 of 208
A-200
FBI. The Court has ordered the Government to disclose all Jencks Act and Giglio material by
October 11, 2021. Dkt. No. 297 at 1. That date is seven weeks in advance of trial. The Court
sees no reason to depart from the rule in this district that impeachment material of anticipated
witnesses does not warrant an order compelling immediate disclosure. See United States v.
Campo Flores, No. 15 Cr. 765 (PAC), 2016 WL 5946472, at *11 (S.D.N.Y. Oct. 12, 2016).
Seven weeks in advance of trial is far more time than is standard in this district and no showing
has been made that it will be insufficient for Maxwell to make effective use of the information in
preparation of her defense.
To the extent Maxwell argues that the Government is in possession of prior statements
that are exculpatory under Brady (for example, if a witness denied Maxwell’s involvement),
rather than useful only for standard impeachment purposes, it is of course the Government’s
obligation to “disclose such information to the defense promptly after its existence becomes
known to the Government so that the defense may make effective use of the information in the
preparation of its case.” Dkt. 68 at 1. The context of questions and answers surely matters as to
whether a statement (or omission) is exculpatory, impeaching, or neither. It is for the
Government to make these assessments ex ante and fully meet its disclosure obligations so that
the defense may make effective use of any such information in preparation for trial. See United
States v. Coppa, 267 F.3d 132, 144-46 (2d Cir. 2001). The Government has repeatedly
confirmed that it understands those obligations, and that it has met them and will continue to
meet them. Accordingly, the motion to compel the immediate disclosure of any of Minor
Victim-4’s prior statements in which she did not mention Maxwell is denied.
of objection, the Court presumes the Government intends to disclose this information to Maxwell at the
same time that as it discloses Jencks Act material.
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DOJ-OGR-00020822
Extracted Information
Document Details
| Filename | DOJ-OGR-00020822.jpg |
| File Size | 618.2 KB |
| OCR Confidence | 95.2% |
| Has Readable Text | Yes |
| Text Length | 2,104 characters |
| Indexed | 2026-02-03 20:03:49.666743 |