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Case 1:20-cr-00330-PAE Document 252 Filed 04/27/21 Page8of9
the Court so that the information may be made available to Maxwell, if appropriate, at the
conclusion of each witness’s direct testimony. See Giampa, 1992 WL 296440, at *3; Ferguson,
2007 WL 4577303, at *3.
The Court will reserve on Requests 9 through 11 in order to allow the Government to
weigh in on the propriety of the requests. The Court assumes that the Government has enough
information, based on the public filings, to provide its views. If the Government seeks the
specific subpoena requests, it shall confer with defense counsel and raise any dispute with the
Court. The Government shall file its response within one week of this Order.
In sum, for Request 1 through 8 and 12, the Court will not authorize service of the
proposed subpoena on the basis that Maxwell has failed to establish that the requests are
sufficiently specific and that the materials sought are relevant or admissible. Maxwell may
renew more tailored requests in compliance with this Order. The Court sees no basis for doing
so on an ex parte basis. For Requests 9 through 11, the Court will reserve its decision until it
hears from the Government.
B. The Government’s Subpoena-Related Request
The Government seeks a preemptive, blanket ruling that it be entitled notice of all future
subpoenas, an opportunity to challenge them, and production of any information obtained
therefrom. This request is denied. Assuming Maxwell seeks the issuance of a future subpoena
for which there is no basis to proceed ex parte, the Government will be provided notice and the
Court would likely consider the Government’s briefing regardless of standing as part of its duty
to ensure that the subpoena meets the requirements of Nixon. See United States v. Bergstein, No.
16-CR-746 (PKC), 2017 WL 6887596, at *3 (S.D.N.Y. Dec. 28, 2017). But ex parte Rule 17(c)
subpoenas are possible in some circumstances if justified. See Skelos, 2018 WL 2254538, at *8
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Document Details
| Filename | DOJ-OGR-00004046.jpg |
| File Size | 692.2 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,005 characters |
| Indexed | 2026-02-03 16:43:41.042026 |