DOJ-OGR-00004929.jpg

Case 1:20-cr-00330-PAE Document 311-4 Filed 07/02/21 Page 6 of 27 To Be Filed Under Seal Shortly after the oral argument, the Court of Appeals issued an unusual order, giving the parties to the appeal ten days to explain why all papers submitted in connection with Maxwell’s unsuccessful motion for summary judgment should not immediately be unsealed. (18-2868, Dkt. No. 138.) The docket reveals that responsive filings were in fact delivered to the Court of Appeals; no further order has been entered in the Second Circuit. The consolidated appeal relates only to the unsealing of what would, but for the Protective Order and Judge Sweet’s repeated decisions to permit materials to be filed under seal and his refusal to unseal those materials on the motions of the Intervenors, be publicly available in the files of the court. They do not address materials that may be in the files of the parties or their counsel. C. The Government’s Application In late November or early December 2018, the Government commenced an investigation into Epstein and others for unlawfully trafficking minors, in violation of 18 U.S.C. §§ 1591, 1594(c) and unlawfully enticing minors in violation of 18 U.S.C. § 2422(b). (Sealed Aff. and Appl. of AUSA Alex Rossmiller dated Feb. 5, 2019 (“Gov’t Appl.”), Dkt. No. 1, { 3.) As part of that investigation, the Government issued a subpoena to Boies Schiller “requiring the production of copies of discovery and related materials in [the Giuffre Action].” (Gov’t Appl., 5.) These materials are arguably subject to the Protective Order. On February 5, 2019, the Government made an ex parte, in camera application to Judge Sweet under the All Writs Act, 28 U.S.C. § 1651(a), seeking to relieve Boies Schiller from the Protective Order so that it could respond to the subpoena. The Government represented in that application that Boies Schiller was willing to comply with the subpoena but for the Protective SDNY_GM_00000879 DOJ-OGR-00004929 i } i | i