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Case 1:20-cr-00330-PAE Document 235 Filed 04/22/21 Page5of10 Page 5 Second, the Government will continue to take steps to ensure that the defense is able to prepare for trial as scheduled. As noted in its April 9, 2021 letter, the Government has already included Rule 16 discovery relating to the S2 Indictment in its prior productions to the defense, and the Government has provided the defense with a list of pages within those discovery productions that are particularly pertinent to the new allegations contained in the S2 Indictment.” Contrary to the defense’s suggestion in its most recent letter, the largest discovery production in this case came from electronic devices seized from Jeffrey Epstein. That production, dated November 18, 2020, included approximately 1.2 million documents (totaling approximately 2.2 million pages), all of which are text searchable and were produced in a format conducive to loading that production into a document review platform.? Moreover, the defense’s suggestion that it will need to re-review every single page of discovery produced to date is, at best, hyperbolic. The defense has already reviewed the discovery and presumably knows which portions relate in > To the extent the defense complains of recent difficulties reviewing certain Highly Confidential images or other items that must be reviewed in the presence of federal agents, it bears noting that the Government repeatedly informed defense counsel beginning in the fall of 2020 that those materials would be made available for review upon request. The defense did not request to review those materials until March 2021, after which the Government coordinated with defense counsel, the Federal Bureau of Investigation, and the U.S. Marshals to arrange for multiple days in April 2021 during which all of the materials were made available for review. The Government is of course willing to make similar arrangements should defense counsel believe additional review of those materials is necessary. 3 Only yesterday did defense counsel provide the Government with a list of documents that the defendant has been unable to review from the prior discovery productions. As it has done in the past when such issues have been raised, the Government will work with its staff and staff at the Metropolitan Detention Center (“MDC”) to address these issues as expeditiously as possible. The Government notes, however, that had defense counsel raised these specific issues earlier, the Government could have addressed them much sooner. Similarly, the defense only raised concerns about metadata on certain photographs this month, even though those photographs were produced to the defense in November 2020. The Government is working with its staff and the Federal Bureau of Investigation to look into and, where possible, address the defense’s concerns as quickly as possible. DOJ-OGR-00003947