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Case 1:20-cr-00330-PAE Document275 Filed 05/10/21 Page2of5 Page 2 The Government respectfully requests that the new trial date be scheduled for November 29, 2021, which is only three weeks after the date requested by defense counsel and more than a month earlier than the January 2022 date previously requested by defense counsel. AUSA Pomerantz intends to make arrangements so that she will be available to begin trial on that date. AUSA Comey also intends to make arrangements such that she will be able to participate in the trial if it begins on November 29, 2021 or later; however, she is unable to participate in a trial that begins before November 29, 2021. The Government has also contacted several of the witnesses it intends to call at trial and understands that they are available to begin on the Government’s proposed date of November 29, 2021. The Government notes that one of the minor victims identified in the S2 Indictment is also available to testify at trial if it is scheduled to begin on November 29, 2021 or later, but would likely be unavailable to testify between October 1, 2021 and Thanksgiving.” The Government respectfully submits that a trial date of November 29, 2021 is in the interests of justice because it would permit all of the undersigned prosecutors to participate in the trial, thereby ensuring continuity of counsel. In particular, AUSA Comey has been assigned to this investigation for multiple years and has taken the lead on discovery and the review of investigative files created and maintained by other offices and agencies (see Dkt. No. 63, 190). In light of the Court’s opinion in United States v. Nejad, 487 F. Supp. 3d 206, 213-14 (S.D.N.Y. 2020), noting concerns regarding the continuity of Government counsel particularly with respect to discovery and disclosure issues, the Government respectfully submits that is in the interests of > Based on the nature of the witness’s conflict, to the extent the Court schedules trial for the beginning of November, the Government expects that the witness would still be able to testify, but would need to do so at the end of the case, out of order. DOJ-OGR-00004113