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Extracted Text (OCR)
Case 1:20-cr-00330-PAE Document 334 Filed 08/13/21 Page 7 of10
to justify the relevance of that evidence; she does not claim, for instance, that that evidence is
exculpatory or that the evidence is otherwise relevant to her defense. Furthermore, Maxwell
does not attempt to justify the relevance of all of the requested materials. The very nature of the
request evinces that it seeks considerable amounts of physical evidence, and the only thing tying
the evidence together is that Subpoena Recipient-2 may have shown that evidence to certain
attorneys at some point. To prevail under Nixon, however, a movant must show why ail of the
requested evidence is relevant. United States v. Pena, No. 15-CR-551 (AJN), 2016 WL
8735699, at *2 (S.D.N.Y. Feb. 12, 2016). That is not the case here.
The request thus fails because Maxwell has not established the relevance of all of these
materials. The most she can muster is that some of it may be relevant for impeachment purposes,
if Subpoena Recipient-2 is called to testify. On that basis alone, the request fails. In addition,
the third request separately fails because it amounts to nothing more than a fishing expedition.
See Nixon, 418 U.S. at 698-700.
As a result, the request for authorization of a Rule 17(c) subpoena to Subpoena
Recipient-2 is DENIED.
C. Subpoena Recipient-3 and Subpoena Recipient-4
The final two requests for authorization of Rule 17(c) subpoenas—one relating to
Subpoena Recipient-3, the other to Subpoena Recipient-4—are the same. The first five requests
in both of these proposed subpoenas concern communications regarding meetings with the
United States Attorney’s Office for the Southern District of New York. These requests parallel
those that Maxwell made in the proposed subpoena to BSF. See Dkt. No. 252, April 27, 2021
Op., at 3-4. As set forth in the subpoenas, the term “communications” encompasses “all forms
of correspondence, including regular mail, email, text message, memorandum, or other written
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Extracted Information
Document Details
| Filename | DOJ-OGR-00005036.jpg |
| File Size | 691.6 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 2,008 characters |
| Indexed | 2026-02-03 16:55:53.168202 |