DOJ-OGR-00006336.jpg

Case 1:20-cr-00330-PAE Document 432 Filed 11/10/21 Page4of5 Page 4 prejudice to the defendant, as the instruction makes clear to the jury that the identities of the witnesses are being protected from the public and press only, and that the true names of the witnesses are known to the Government, the Court, and the defendant. IV. Sealed and Redacted Exhibits The Government anticipates offering certain exhibits entirely under seal or with redactions to protect the personal identifying information of witnesses and third parties. With respect to logistics, the Government would propose submitting redacted versions of exhibits — along with an index noting which of the Government exhibits will be offered under seal — no later than November 29, 2021. To the extent the defense takes issue with the sealing requests or the proposed redactions, the Court may rule on those exhibits on case-by-case basis during the trial. The Government has considered how best to publish sealed exhibits to the jury while protecting the identities of witnesses and the privacy of third parties. On that score, the Government is mindful that exhibits published in electronic format on screens in the courtroom may be seen by the public, since the screens at counsel table — and potentially the jury box— are visible to the public from certain angles. For this reason, the Government requests permission to provide jurors with individual binders containing sealed exhibits. The Government expects that jurors will follow the Court’s instruction to only view items in the binder when the Court instructs jurors to do so. DOJ-OGR- 00006336