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Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page8gof21
inculpatory. Fisher, 425 U.S. at 410-11. This is no such case. The existence of deposition
transcripts in Maxwell’s civil case is not inculpatory. It is the content of those transcripts that is
at issue.
In the face of these straightforward precedents, Maxwell relies primarily on a single
district court case decided the year before the Second Circuit’s decision in Andover that quashed
a subpoena for deposition testimony covered by a civil protective order. See Dkt. No. 140, at
16-17 (citing United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988)); Dkt. No. 212, at 12—
13 (same). Oshatz does not suggest that the use of civil deposition testimony in a subsequent
criminal trial would violate a defendant’s right against compelled self-incrimination—and if it
did, that view would be plainly inconsistent with the Second Circuit’s later, precedential
opinions. Instead, the case simply describes the standard for whether a court should modify a
protective order to allow a government subpoena. Maxwell cites no case in which a court has
suppressed evidence because another court erred in modifying a protective order. Even if
Maxwell were right that the protective order should not have been modified, it would not
transform her earlier deposition testimony into the product of coercion.
The Government would also be entitled to use Maxwell’s deposition testimony against
her in her perjury trial notwithstanding any violation of her right against compelled self-
incrimination. The Supreme Court has held that a defendant may be prosecuted for false
statements in unlawfully compelled testimony. See United States v. Wong, 431 U.S. 174, 179
(1977); United States v. Knox, 396 U.S. 77, 82 (1969). As in Knox, Maxwell seeks to suppress
her deposition transcripts not because they are inculpatory “for a prior or subsequent criminal
act” but because her statements in those depositions were themselves allegedly criminal. Knox,
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| Filename | DOJ-OGR-00004792.jpg |
| File Size | 692.0 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 2,017 characters |
| Indexed | 2026-02-03 16:52:59.207525 |