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Case 1:20-cr-00330-PAE Document518 Filed 11/30/21 Page1of8 Haddon, Morgan and Foreman, P.C Jeffrey S. Pagliuca oO 150 East 10th Avenue Denver, Colorado 80203 HADDON PH 303.831.7364 MORGAN FX 303.832.2628 FOREMAN www.hmflaw.com joagliuca@hmflaw.com November 30, 2021 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, The government contends that Ms. Maxwell should be precluded from admitting into evidence a photograph offered while cross-examining Jane during the government’s case-in- chief. The government says that Ms. Maxwell did not disclose the photograph as part of her reciprocal discovery obligations, thereby violating Rule 16(b)(1)(A). The government is wrong. The language of Rule 16(b)(1)(A) is plain and unambiguous: Its reciprocal discovery obligations apply only to material Ms. Maxwell intends to use during her “case-in-chief.” The Rule says: (b) Defendant’s Disclosure. (1) Information Subject to Disclosure. (A) Documents and Objects. If a defendant requests disclosure under Rule 16(a)(1)(E) and the government complies, then the defendant must permit the government, upon request, to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items if: DOJ-OGR-00008194