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Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 16 of 23 immediately disclose all potentially favorable evidence having a reasonable probability to affect the outcome of the proceedings. It is further requested that the Court direct the government to disclose such information immediately upon its discovery. It is well settled that pursuant to Brady and its progeny, the government must disclose evidence, information, and facts that could be used to impeach its witnesses. See United States v. Rodriguez, 496 F.3d 221, 225 (2d Cir. 2007). Such evidence includes any and all evidence of a witness’ prior crimes or acts of moral turpitude, prior inconsistent statements, and statements demonstrating a lack of knowledge or a denial of the facts of the case or the alleged guilt of the defendant, and specific instances of conduct from which it can be inferred the witness is untruthful. But disclosure of Brady material is not the end of the line. Quite the contrary, it is a launching point for an investigation that may bear critical information. In order to mount an effective defense, Ms. Maxwell must receive this material in sufficient time to investigate and develop it for effective use before and during trial. We therefore request the immediate disclosure of all Brady and Giglio material. The government takes the customary position that it will turn over any Gig/io material at the time it provides prior statements of witnesses pursuant to 18 U.S.C. § 3500. In doing so, the government erroneously assumes that Gig/io material is something other than Brady material. The Supreme Court has made clear that impeachment evidence “falls within the Brady rule.” Bagley, 473 U.S. at 676 (citing Giglio, 405 U.S. at 154). Favorable evidence, generally referred to as Brady material, exculpates the accused or impeaches prosecution witnesses. /d. at 674, 676; Strickler v. Greene, 527 U.S. 263, 281-82 (1999), Boyette v. Lefevre, 246 F.3d 76, 89 (2d Cir. 2001). 12 DOJ-OGR-00002709