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Case 1:20-cr-00330-PAE Document583_ Filed 01/25/22 Page1lof5 The New York Times Company David McCraw January 24, 2022 Senior Vice President & Deputy General Counsel T 212 556 4031 VIA EMAIL AND FEDEX mecraw@nytimes.com 620 8th Avenue The Honorable Alison J. Nathan New York, NY 10018 United States District Court TRANS ee Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Maxwell, No. 20-cr-00330 (AJN) — Unsealing of Defendant’s Motion for a New Trial and Questionnaires of Seated Jurors Dear Judge Nathan: I write on behalf of The New York Times Company (“The Times”) to request that the Court unseal (a) Defendant’s Motion for a New Trial and accompanying brief and exhibits (Dkt. 580) and (b) the filled-out questionnaires for the twelve seated jurors. These records are subject to both First Amendment and common law rights of access, which set stringent standards for sealing.! We ask that the Court unseal them, with only those redactions necessary to protect the identities of jurors, to the extent they have not already been disclosed. We also ask that this Court make clear that any subsequent briefs and exhibits filed in conjunction with this motion should not be filed under seal and with only those redactions necessary to protect jurors’ identities. As the Court knows, both sets of sealed records bear on allegations of juror misconduct. On January 5, 2022, the parties wrote to this Court regarding public statements made by one juror, identified as “Juror 50,” about how his jury room disclosure that he was a victim of sexual assault ' The right of access is an affirmative enforceable public right, and it is well- established that the press has standing to enforce this right. See, e.g., Globe Newspaper Co. v. Superior Ct. for Norfolk City, 457 U.S. 596, 609 n.25 (1982); Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004). DOJ-OGR-00008833