DOJ-OGR-00008901.jpg

CaGase2D20-0088GR2ARJN Dooouren69S0 Filed 02/08/22 PARgg24b!11 The Honorable Alison J. Nathan February 1, 2022 Page 2 Should the Court determine that a hearing is necessary, however, the Motion should remain sealed until the conclusion of the hearing. With such a vital constitutional interest at stake, it is of paramount importance for the Court to ensure the integrity of any fact-gathering process that may take place so that the inquiry is safeguarded and can uncover the truth of what happened. See 1/26/2022 Order, Dkt. 585 (“[T]he Court must act deliberately and hear from the parties in considering these sealing issues in order to ensure the integrity of any potential inquiry process going forward, should one be ordered.”). Above all else, the Court must ensure that the most critical evidence to be elicited at the hearing—namely, the testimony of Juror 50—is not tainted by outside information and influence. Requiring Ms. Maxwell to file her Motion on the public docket in advance of a hearing will do exactly that. It will give Juror 50 an improper preview of information he does not have and should never have, or at the very least should not have at this point in the process. This information includes, among other things: (1) Juror 50’s exact responses to the questions on the jury questionnaire, which is not currently public and which he presumably has not had access to since he submitted it to the Court, (11) data about the responses of other jurors and potential jurors to the jury questionnaire, (i11) the details of the investigative steps the defense has taken and the evidence we have uncovered thus far, (iv) the defense’s legal theories and arguments, (v) the defense’s view of the underlying facts, and (vi) the scope of the defense’s requested discovery in advance of the hearing. The Motion will provide a roadmap of the defense’s examination of Juror 50 and will allow him to plan out and tailor his responses, or even potentially spoliate evidence, to paint himself and his conduct in the best light possible. There is also a significant risk that the 2087306.1 DOJ-OGR-00008901