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Case 18-2868, Document 273-2, 08/09/2019, 2628218, Page14 of 25
C. The Remaining Sealed Materials
The law governing disclosure of the remaining sealed material
in this case is only slightly more complex. The Supreme Court has
recognized a qualified right “to inspect and copy judicial records and
documents.” In defining “judicial records and documents,” we have
emphasized that “the mere filing of a paper or document with the
court is insufficient to render that paper a judicial document subject to
the right of public access.”*4 Instead, “the item filed must be relevant
to the performance of the judicial function and useful in the judicial
process in order for it to be designated a judicial document.”
As our precedent makes clear, a court “perform[s] the judicial
function” not only when it rules on motions currently before it, but
also when properly exercising its inherent “supervisory powers.”?6 A
security numbers. We have also redacted the names of alleged minor victims of
sexual abuse from deposition testimony and police reports, as well as deposition
responses concerning intimate matters where the questions were likely only
permitted —and the responses only compelled—because of a strong expectation of
continued confidentiality. See Fed. R. Civ. P. 5.2. While we appreciate the views
expressed in Judge Pooler’s separate opinion, the panel majority believes that the
efforts invested by three former district judges in reviewing these materials
adequately address those concerns.
23 Nixon, 435 U.S. at 597-98.
4 United States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995) (“Amodeo I’).
3 Td.
26 Cf. United States v. HSBC Bank USA, N.A., 863 F.3d 125, 135 (2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
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Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p00019.png |
| File Size | 329.1 KB |
| OCR Confidence | 93.7% |
| Has Readable Text | Yes |
| Text Length | 1,850 characters |
| Indexed | 2026-02-04 12:22:08.483531 |