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Case 1:20-cr-00330-PAE Document597 _ Filed 02/11/22 Page4of5 WINSTON February 9, 2022 &STRAWN Page 2 LLP 2, NACDL was founded in 1958. It has a nationwide membership of approximately 10,000 direct members in 28 countries, and 90 state, provincial and local affiliate organizations totaling approximately 40,000 attorneys. NACDL’s members include private criminal defense lawyers, public defenders, military defense counsel, law professors, and judges. 3. NACDL files numerous amicus briefs each year in the Supreme Court, the Second Circuit Court of Appeals, and other courts, seeking to provide amicus assistance in cases that present issues of broad importance to criminal defendants, criminal defense lawyers, and the criminal justice system as a whole. 4. “Federal courts have discretion to permit participation of amici where such participation will not prejudice any party and may be of assistance to the court.” Strougo v. Scudder, Stevens & Clark, Inc., 1997 WL 473566 (S.D.N.Y. Aug. 18, 1997) (citing Vulcan Soc’y of NYC Fire Dep’t, Inc. v. Civil Serv. Comm'n, 490 F.2d 387, 391 (2d Cir. 1973)); see also Auto Club of NY, Inc. v Port Auth. Of New York, 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011) (“The usual rationale for amicus curiae submissions is that they are of aid to the court and offer insights not available from the parties.”) We, therefore, respectfully request that the Court grant leave to file a brief amicus curiae on these important constitutional questions. Counsel for Defendant consent to the filing of this amicus brief. Counsel for the DOJ was called and emailed for its position on February 9, 2022 but has not yet responded. Because the motion for a new trial based on juror misconduct is currently under seal, amici proposes that the Court allow for such brief to be filed within two weeks from the time the Court rules on and provides whatever filings or parts of filings that will become public. If the Court does not unseal any additional information, amici will file a brief using information that is available in the public record. DOJ-OGR-00008919