DOJ-OGR-00002698.jpg

Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 5 of 23 PRELIMINARY STATEMENT This Memorandum of Law is submitted in support of Ghislaine Maxwell’s Motion for a Bill of Particulars and Pretrial Disclosures.’ Specifically, Ms. Maxwell requests: e a bill of particulars, pursuant to Rule 7(f) of the Federal Rules of Criminal Procedure; e disclosure of certain evidence within the possession of the government or its witnesses; e immediate disclosure of exculpatory material under Brady v. Maryland, 373 U.S. 83 (1963) and impeachment material under Giglio v. United States, 405 U.S. 150 (1972); e disclosure of any co-conspirator statements and a hearing to determine their admissibility; and e accelerated production of Jencks Act material, pursuant to 18 U.S.C. § 3500, a government witness list, and any evidence the government intends to introduce at trial pursuant to Federal Rule of Evidence 404(b). It is now almost seven months since Ms. Maxwell was charged with the offenses in the Superseding Indictment, and the government’s case against her is still shrouded in mystery. Ms. Maxwell has been prevented from knowing even the most fundamental information about the allegations against her, which are based on conduct that allegedly took place over 25 years ago. First and foremost, the government still has not disclosed the identities of the witnesses who have accused Ms. Maxwell of wrongdoing. Despite requests to the government to disclose that critical information, the government has refused to do so on the grounds that it needed to protect the witness’ privacy, even though some of them, we believe, have publicly identified themselves ' By letters, emails, and phone calls with government counsel, the parties have attempted to resolve pretrial discovery requests in advance of filing of pretrial motions. Unresolved requests are the subject of this motion. The defense will continue to attempt to resolve disclosure issues with the government as they arise. DOJ-OGR- 00002698