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Case 1:20-cr-00330-PAE Document 248 Filed 04/26/21 Page4of9 LAW OFFICES OF BOBBI C. STERNHEIA\ Ms. Maxwell no longer feels that her legal papers are safe and believes that the confidentiality required to prepare her defense for trial has been irreparably breached. She is justifiably concerned that her defense documents and their contents have been improperly reviewed and disseminated. The fact that the guards did not confront counsel but chose to confiscate legal documents after Ms. Maxwell’s lawyers left the visiting area further validates her suspicion and that of her counsel. In addition, Ms. Maxwell is fearful that she will be subject to retaliation, baseless allegations, and unwarranted and unprovoked discipline. Ms. Maxwell is an indicted pre-trial detainee who has asserted her right to counsel. Once the right to counsel has attached and is asserted, as is the case here, the government must honor it. This means more than that the government “cannot prevent the accused from obtaining the assistance of counsel. The Sixth Amendment also imposes on the government an affirmative obligation to respect and preserve the accused's choice to seek this assistance.” Maine v. Moulton, 474 U.S. 159, 170-71 (1985). The actions by the MDC guards violated Ms. Maxwell’s Sixth Amendment right to effective assistance of counsel. Without any justifiable cause they seized and inspected legal materials, failed to identify the materials seized, and withheld the materials for improper purposes. Ms. Maxwell does not know if the materials were duplicated in some fashion, i.e., photocopied, scanned, or photographed. She does not know whether the MDC plans to give any of these privileged and confidential materials or the information contained therein to the prosecution or leak them to the press. And, given the prior treatment of Ms. Maxwell’s HIPPA- protected medical information, these concerns are warranted. Ms. Maxwell requests that the Court enter an order directing that the MDC, through its legal counsel and/or warden, to provide to Ms. Maxwell’s attorneys, only, the following information: = the identity of the person or persons who seized the legal material; = an inventory of the items seized; = astatement, subject to penalty of perjury, regarding whether the materials were duplicated in any fashion; and = whether any disciplinary or corrective action was taken against any of the offending guards. Very truly yours, BOBBI C. STERNHEIM Encs. cc: All counsel of record DOJ-OGR-00004021