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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 9 of 23 Xj3qligra SEALED to do that. And.I hope it's not me. But -- MR. ROSSMILLER: And I believe it will apply to the docketed filings in the case and not, for example, the underlying discovery materials, deposition materials, investigation materials. THE. COURT: Okay. MR. ROSSMILLER: And so I think that, unfortunately, for the circumstances, for perhaps all of us, that even were the Second Circuit to grant sort of the most expansive invalidation of the protective order or sort of release of these materials, that our application would still be relevant and pending and active. THE COURT: Would still be relevant and pending and active. Okay. And you can't explain to me why Boies Schiller didn't make a motion. Because there's no question in my mind that were this to be disclosed to the parties -- and I appreciate that we're not going to do that, but were this to be disclosed to the parties, Maxwell would protest, and the first thing that Maxwell would do would be to.say the government lacks standing, it's not a party of the protective order, the issue’ can be litigated, if Boies Schiller chooses to make a motion to seek to be relieved from the protective order, or to quash the subpoena or to do something, but the government has no standing. It hasn't moved to intervene in the civil action. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 SDNY_GM_00000860 DOJ-OGR- 00004902