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Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page5of21
Second Circuit later held that the court in the civil case withheld far too many documents from
public view and ordered that many of them be made publicly available. Brown v. Maxwell, 929
F.3d 41, 53 (2d Cir. 2019). Much of what the Government obtained through its subpoena,
including the bulk of the deposition transcripts Maxwell now seeks to suppress, have since been
unsealed by court order in the civil case. See Giuffre, No. 15-cv-7433, Dkt. Nos. 1137, 1212.
Il. Discussion
Maxwell objects both to the Government obtaining documents covered by the protective
order and to the Government’s conduct in doing so. She contends that she agreed to testify in the
civil case only because of the protective order, and thus that the Government’s use of her
deposition testimony against her would violate her right against compelled self-incrimination.
She contends that she had a reasonable expectation of privacy in the documents covered by the
protective order, and thus that the Government should not have been able to obtain them without
a warrant. And she contends that the Government circumvented the requirements of Martindell
and violated her due process rights by misleading Judge McMahon about the Government’s prior
communications with BSF.
The Court finds that none of these arguments support suppression of evidence or justify
an evidentiary hearing. The Court begins with Maxwell’s claim that the Government violated
her right against compelled self-incrimination by obtaining her deposition testimony from the
civil case. It next turns to her claim that the Government violated her right against unreasonable
searches and seizures. Finally, it addresses Maxwell’s claim that the Government misled Judge
McMahon in seeking modification of the protective order in the earlier civil case.
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Document Details
| Filename | DOJ-OGR-00004789.jpg |
| File Size | 658.9 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 1,880 characters |
| Indexed | 2026-02-03 16:52:56.764643 |