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Case 1:15-cv-07433-LAP Document 1328-41 Filed 01/05/24 Page 28 of 31 presumption against modification because there is no public right of access to discovery materials.” Dorsett, 289 F.R.D. at 65 (Internal citations and quotations omitted). Dershowitz’s own words admit the true purpose behind the instant motion, and wholly contradict the flimflam he has presented to this Court: “My goal is to bring charges against the client and require her to speak in court.>! Indeed, in over 50 statements to the press, he has explained to the world (if not this Court) his reasons for maintaining his attacks on Ms. Giuffre in the media, in which he has publicly called her a “prostitute” and a “bad mother” to her three minor children. McCawley Dec. at Exhibit 20, Local 10 News, January 22, 2015. For example, Dershowitz has made the following statements: e “The end result of this case should be she [Jane Doe No. 3] should go to jail, the lawyers should be disbarred and everybody should understand that I am completely and totally innocent.” McCawley Dec. at Exhibit 21, CNN International, New Day, January 6, 2015. e Dershowitz also stated, in an interview in Newsmax, that he is “considering” bringing a lawsuit against Jane Doe No. 3. “And we’re considering suing her for defamation as well, but right now she was trying to hide in Colorado and avoid service, but we found her and we served her and now she’ll be subjected to a deposition.”** By his own words, Dershowitz wants to intimidate and harass Ms. Giuffre with the specter of his sending her “to jail.”* Even Dershowitz’s own cited cases militate against the Court feeding his proposed public relations campaign: Nixon v. Warner Communications, Inc., 98 S.Ct. 1306, 1312, 435 U.S. 589, 598 (1978) (“It is uncontested that the right to . . . copy judicial records is not absolute . . . access has been denied where court files might have become a vehicle for improper purposes”). In 37 McCawley Dec. at Exhibit 22, Australian Broadcasting System (ABC), January 6, 2015. 8 McCawley Dec. at Exhibit 23, Newsmax, April 8, 2015 *° Dershowitz has previously written: “There’s an old saying: ‘If you have the law on your side, bang on the law. If you have the facts on your side, bang on the facts. If you have neither, bang on the table.’ I have never believed that, but I do believe in a variation on that theme: If you don’t have the law or legal facts on your side, argue your case in the court of public opinion.” ALAN DERSHOWITZ, TAKING THE STAND: My LIFE IN THE LAW (2013). 23