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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 549-1 LB1TMAX1 is the relevant innocence. J investigation i basis s not relevant. If th for the jury's determina hy and when the government conduc def Filed 12/17/21 Page 11 of 24 23 tion of guilt or ted the believes th government has a legally improper motive Ms. Maxwell or ns somehow th perjury or th proper remedy i 103 See, Regan, for purposes of United States v. like, Second Circuit s to F.3d 1082. the jury, Knox, Moreov C, prejudicial. F wou applied in the case. of improper motives or the reasons file a motion Indeed, the def for Absent that 687 F.App!x 51, SF the for prosecuting fabricating evidence or suborning t has made clear that the the Court to consider. law is clear that (2d Cir. "the government is not on trial." 2017). is strongly suggestive of ld confuse jurors as to the proper standard of vidence of motive would be highly I explained a moment ago, Fense's outlined it guilt to be videnc jury nullification because it suggests a vindictive or political prosecution which is rightly a mat tter reserved to the Court. Calling witnesses to testify to the government's motive would substantially expand the scope ot likely on hears inadmissible evidence. ay and other F trial, rely So what motivated a particular investigative step or charging decision of course doesn would have one which would ass or innocence of ist of the charges her t have a black or white a story and the government a the jury in deciding Ms. based on nswer, nother, and neit ther of the defense SOUTHERN D STR CT RE PORT (212) 805-0300 BRS, Pes Maxwell's guilt of the government's DOJ-OGR-00008405