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Case 1:20-cr-00330-PAE Document525 Filed 12/05/21 Page1of9 Haddon, Morgan and Foreman, P.C Jeffrey S. Pagliuca oO 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www. hmilaw.com joagliuca@hmflaw.com HADDON MORGAN FOREMAN December 5, 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, I write in response to the government’s December 4, 2021 letter—the latest example of the government’s inability to take no for an answer. This is the government’s modus operandi. It disagrees with the Court’s ruling and seeks to relitigate the issue under the guise of uncertainty (either the government claims not to understand, or the Court wasn’t clear enough) or confusion (the Court didn’t understand the government’s argument). But there isn’t any uncertainty or confusion here. The government has, so far, failed to authenticate the 900 series photos, and unless it does, the photos are irrelevant under Rule 401 and misleading and prejudicial under Rule 403. This Court should reaffirm its ruling from December 3. BACKGROUND The 900 series of photos depict the exterior and portions of the interior of Mr. Epstein’s New York apartment as it existed in 2019. That much the government can show. But the government has admitted no testimony that the 2019 photographs accurately depict the interior of Mr. Epstein’s apartment as it existed in 1994 or 1995 or 1996 (when Jane DOJ-OGR-00008225