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CaGase2D20-0088GR2ARJN Dooouren69S0 Filed 02/08/22 PARggSDb!11 The Honorable Alison J. Nathan February 1, 2022 Page 3 publicity that will undoubtedly surround the unsealing of the Motion will influence the memories of other potential witnesses. All of this will frustrate the truth-seeking process of any factual inquiry ordered by the Court and jeopardize Ms. Maxwell’s one chance to vindicate her right to a fair trial. For the reasons set forth more fully below, Ms. Maxwell’s right to a fair trial is a “higher value” and a compelling interest that outweighs the public’s qualified right of access to the Motion under both the common law and the First Amendment. The Court should therefore order that the Motion remain temporarily sealed until the Court rules on Ms. Maxwell’s Motion or until the conclusion of any hearing ordered by the Court, whichever comes first.! Applicable Law It is well settled that the public and the press have a qualified right of access to judicial documents filed in criminal and civil proceedings under both the First Amendment and the common law. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006); United States v. Silver, No. 15-CR-93 (VEC), 2016 WL 1572993, at *3 (S.D.N.Y. Apr. 14, 2016). “The presumption of access is based on the need for federal courts, although independent— indeed, particularly because they are independent—to have a measure of accountability and for the public to have confidence in the administration of justice.” United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995) (“Amodeo II”). ! The defense anticipates that the government’s response will raise the same issues and will need to be sealed for the same reasons. Accordingly, the defense further requests that that Court order the government to file its response temporarily under seal to give the defense the opportunity to assert its position regarding sealing. 2087306.1 DOJ-OGR- 00008902