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Case 1:20-cr-00330-PAE Document 311-4 Filed 07/02/21 Page 7 of 27 To Be Filed Under Seal Order. (Letter from AUSA Alex Rossmiller to the Hon. Robert W. Sweet, dated Feb. 28, 2019 (“Gov’t Letter Br.”), Dkt. No. 2, at 1.) Judge Sweet asked for further briefing. On February 28, 2019, the Government submitted a letter brief in camera, to which it appended a copy of the Protective Order and a proposed order granting the relief requested. (See Gov’t Letter Br.) Neither the initial application nor the subsequent letter brief was initially filed with the Clerk of Court. Prior to ruling on the Government’s application, Judge Sweet died. The open application was referred to me. I directed that a miscellaneous docket number be assigned to the Government’s application and that all materials theretofore sent to Judge Sweet’s chambers be filed under seal.” I also held two conferences in which I questioned the U.S. Attorney’s Office about the application. Il. The Government’s Application, While Irregular, Is Granted A. Procedural Irregularities Attendant to This Application In the ordinary course, one would expect this application to arise in a different procedural posture. First, one would have expected Boies Schiller, the recipient of the subpoena, to have either (1) moved for relief from the Protective Order, or (2) moved to quash the subpoena. See In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d 1221, 1225 (2d Cir. 1991) (“The proper procedure ... is . . . to subpoena the deposition transcripts for use in a pending proceeding such as a grand jury investigation or trial, in which the issue could be raised ; All materials under this docket number, 19-mc-149, including this opinion, will be kept under seal as related to a pending grand jury investigation. SDNY_GM_00000880 DOJ-OGR-00004930