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Case 1:20-cr-00330-PAE Document 212 Filed 04/16/21 Page 9of20 In addition to the inapplicability of the third-party doctrine, the government’s response fails to account for two other, dispositive facts proving that Maxwell has a reasonable expectation of privacy. First, the Protective Order by its terms affords Maxwell a reasonable expectation of privacy. Mot. 3, Ex. A, § 3 (defining “CONFIDENTIAL” information as that which “implicates common law and statutory privacy interests of . .. Ghislaine Maxwell” (emphasis added)). What would it say to civil litigants 1f they could not rely on a court’s promise of confidentiality, at least absent notice and an opportunity to object to any breach of that promise (which, of course, Maxwell was denied here). See Mot. 3, Ex. A, § 14 (precluding modification of the Protective Order absent “good cause shown following notice to all parties and an opportunity for them to be heard”). Second, Martindell affords Maxwell a reasonable expectation of privacy. Martindell, 594 F.2d at 294. In Martindell, the Second Circuit held that “the proper procedure” to obtain confidential material under a Protective Order, “as the Government should know, was either to subpoena the deposition transcripts for use in a pending proceeding such as a grand jury investigation or trial, in which the issue could be raised by motion to quash or modify the subpoena, [Fed. R. Crim. P. 17(c)] or to seek permissive intervention in the private action pursuant to [Fed. R. Civ. P. 24(b)], for the purpose of obtaining vacation or modification of the protective order.” /d. (emphasis added)). By affording Maxwell a right to notice and an opportunity to be heard, Martindell makes clear that, having been denied those rights when the subpoena was first issued, Maxwell has standing to challenge the government’s conduct now. Id.; see Lavender, 583 F.2d at 632. DOJ-OGR-00003783