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Case 1:20-cr-00330-PAE Document 334 Filed 08/13/21 Page4of10 warrant the issuance of a Rule 17(c) subpoena. See Dkt. No. 298, June 2, 2021 Order, at 1-2. Maxwell’s other theories of relevance similarly fail; as the Court previously observed, there is no merit to Maxwell’s contention that the contents of the journal, other than the pages to which she already has access, are exculpatory. See id. And more generally, the request for production of the entire original journal is speculative and overbroad, amounting to little more than a “fishing expedition,” which is not the proper use of Rule 17(c). See Nixon, 418 U.S. at 698-70. The request for the original pair of black boots is moot. See Dkt. No. 298, June 2, 2021 Order, at 4-5. The Government has indicated that it has requested that BSF produce the boots to the FBI and that, when the boots are in the FBI’s possession, the Government will promptly make them available to the defense for examination and use at trial. Rule 17(c) is not the proper mechanism for discovery from third parties where the sought-after item is “otherwise procurable reasonably in advance of trial.” Nixon, 418 U.S. at 698-700. That is the case here: The Government has represented that the defense will be able to inspect the boots before trial. See Dkt. No. 298, June 2, 2021 Order, at 4-5. The request for original copies of certain photographs similarly fails. As the Court previously noted, the defense has access to photocopies of those photographs; the request is therefore for the originals. The Government has indicated that a subset of those photographs are in the FBI’s possession and that it will make them available to the defense for inspection; the request is moot as to those photographs. See Dkt. No. 298, June 2, 2021 Order, at 4-5. And as to the remaining photographs, the request is again denied on the basis that the defense has failed to establish the relevance of the original versions of the photographs. The defense already has photocopies or scanned versions of the photographs in question. The only discernible theory of relevance as to the original versions of these photographs is impeachment. Once again, it is DOJ-OGR-00005033