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Case 1:20-cr-00330-PAE Document590 _ Filed 02/01/22 Page/7of9 The Honorable Alison J. Nathan February 1, 2022 Page 7 2008, No. 08-M-208 (DRH), 2008 WL 5667021, at *4 (N.D.N.Y. Jul. 14, 2008) (declining to unseal search warrant applications and affidavits because “[i]f such information is disclosed to the subjects of investigations before the institution of charges, there exists a risk that those individuals could conceal or destroy other evidence, influence information and testimony given by others, and otherwise delay and obstruct the investigation.’’) Judge Caproni’s decision in United States v. Silver offers a useful example. In Silver, the government filed under seal a pretrial motion in /imine, which described the defendant’s extra- marital affairs and sought permission to admit this evidence if the defendant put at issue his ethics or integrity or his character for truthfulness and honesty, among other things. Si/ver, 2016 WL 1572993, at *1. Judge Caproni heard argument on the motion in a closed proceeding two weeks before trial and ruled that the submissions on this issue would remain under seal until the conclusion of the trial due to the concern that public disclosure of the defendant’s extramarital affairs so close to trial would “increase the difficulty of picking a jury” and thereby impact the defendant’s right to a fair trial. /d. at *2, *8. Following the defendant’s conviction, Judge Caproni gave the parties the opportunity to brief whether the submissions should remain sealed. Id. at *2. She ultimately ruled that the fair trial concerns that led her to temporarily seal the submissions no longer existed and ordered them to be unsealed. /d. at *8. The Court should follow the example of Judge Caproni in Si/ver. Here, to protect Ms. Maxwell’s right to a fair trial, it is necessary to temporarily seal the Motion (and likely any additional submissions on this issue) for a short period of time until the Court rules on the Motion or until any additional fact-finding process ordered by the Court is complete. The Motion and 2087306.1 DOJ-OGR-00008858