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Case 1:20-cr-00330-PAE Document 269 Filed 05/04/21 Page1lof9 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 May 4, 2021 BY ECF The Honorable Alison J. Nathan United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in connection with the Court’s Order of April 27, 2021, regarding the defendant’s request for an order authorizing a subpoena pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure for records from Boies Schiller Flexner LLP (“BSF”). In the Order, the Court directed the Government to notify the Court of its views as to Requests 9 through 11. For the reasons set forth below, the Government respectfully submits that Requests 9 and 11 should be denied, and the Court should reserve decision with respect to Request 10, which the Government expects may be rendered moot. 1. Applicable Law As the Court explained in its Order, a defendant seeking material pursuant to a Rule 17(c) subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). Pursuant to that standard, a Rule 17(c) subpoena “should not issue unless it meets three criteria: ‘(1) relevancy, (2) admissibility, (3) specificity.’” United States v. Binday, 908 F. Supp. 2d 485, 491 (S.D.N.Y. 2012) (quoting Nixon, 418 U.S. at 700). DOJ-OGR- 00004094