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Case 1:20-cr-00330-PAE Document 298 Filed 06/04/21 Page4of6
meritless. Lastly, Maxwell’s theory that a forensic analysis could reveal the date that the journal
was written and whether it had been altered is for impeachment of anticipated authentication
testimony. Moreover, it is entirely speculative and unsubstantiated. Maxwell provides no actual
reason to doubt the journal’s authenticity. In her May 12, 2021 letter, Maxwell claims that two
copies of one of the pages are “obviously, and noticeably, different.” The difference, which is
not explained in the letter, is neither obvious nor noticeable to this Court. Indeed, the writing
and handwriting in the two exhibits certainly look identical. At most, one version appears to be a
photograph of the page in the journal (Exhibit A), while the other appears to be a photocopy of
the same page (Exhibit B). Maxwell fails to identify any actual differences. Separately, here
again Maxwell’s arguments sound in impeachment of anticipated authentication testimony. For
all of the reasons stated above, the Court concludes that a Rule 17(c) subpoena is not the proper
vehicle for Request 9.
Request 10 seeks production of a pair of black boots that Maxwell and Jeffrey Epstein
allegedly gave to an alleged victim. The Government has indicated that it has requested that
BSF produce the boots to the FBI and that, when the boots are in the FBI’s possession, the
Government will promptly make them available to the defense for examination and use at trial.
Maxwell contends that the Court should nonetheless order the boots’ production to the defense.
The argument is meritless. Rule 17(c) is not the proper mechanism for discovery from third
parties where the sought-after item is “otherwise procurable reasonably in advance of trial.”
Nixon, 418 U.S. at 698-700. That is the case here: The Government has represented that the
defense will be able to inspect the boots before trial. The Defendant’s request is therefore denied
as moot. If the Government fails to make the boots available for inspection within a reasonable
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Document Details
| Filename | DOJ-OGR-00004740.jpg |
| File Size | 708.8 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 2,092 characters |
| Indexed | 2026-02-03 16:52:23.279129 |