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Case 1:20-cr-00330-PAE Document 209 Filed 04/16/21 Page2of5 The significant delay in prosecuting these charges has substantially prejudiced Ms. Maxwell, and the government has offered no legitimate reason for the tactical delay. Indeed, many of the arguments made by the government in response to Ms. Maxwell’s motions reveal new information that undercut its claims about the origins of, and motives behind, this prosecution. Ms. Maxwell raised this issue pretrial, as required by Fed. R. Crim. P 12(b)(3)(A)(qii). In her opening memorandum Ms. Maxwell noted that significant discovery related to the allegations had not yet been provided by the government, that her investigation is ongoing, and requested that the Court defer ruling on this motion. The government’s responses to Ms. Maxwell’s motions, including its response to this motion, underscore the legitimacy of Ms. Maxwell’s continued request that the Court hold this issue open. As reflected in the various pleadings, the government did have communications with lawyers for civil litigants and did have information about the allegations made in the indictment well before it claims the investigation was opened. Ms. Maxwell learned about these things only because the government felt the need to make partial disclosures in an attempt to defend its actions. In its response to the instant motion, the government, without actually disclosing the witness’s statements, selectively “proffers” “facts” to justify its position but tells Ms. Maxwell and the Court that we should, apparently, just trust the government because “the underlying information, which is contained in the FBI 302 reports of interviews with the victims, will be produced to the defense as 3500 material in advance of trial.” Resp. at 55 fn. 21. As discussed in her Motions to Dismiss for Lack of Specificity, for a Bill of Particulars, and for Pretrial Disclosures, the government’s failure to provide adequate information about the DOJ-OGR- 00003754