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Case 1:20-cr-00330-PAE Document 642 Filed 03/11/22 Page 59 of 66
F.3d 271, 278 (3d Cir. 2012). Juror No. 50 is not a party here and there is no legal basis
for Juror No. 50 to intervene in this matter. This 1s not a request by a journalist to
intervene for public access. See United States v. Aref, 533 F.3d 72, 81 (2d Cir. 2008)
(motion to intervene to assert the public’s First Amendment right of access to criminal
proceedings is proper). Nor is the request from a subpoena respondent. See United States
v. RMI Co., 599 F.2d 1183, 1186 (3d Cir. 1979) (persons affected by the disclosure of
allegedly privileged materials may intervene in pending criminal proceedings and seek
protective orders). Although Juror No. 50 has expressed a questionable interest in the
outcome of this case, that does not afford him standing to intervene. Notably, the Federal
Rules of Criminal Procedure make no reference to a motion to intervene in a criminal
case. This is a recognition of the general rule that “a private citizen lacks a judicially
cognizable interest in the prosecution or nonprosecution of another.” Linda R.S. v.
Richard D., 410 U.S. 614, 619 (1973). And as one court has noted, “[e]ven crime victims,
who enjoy various statutory rights of participation, have no right to intervene in the
district court in a criminal case.” United States v. Collins, 2013 WL 4780927, at *1 (E.D.
Wis. 2013).
B. This Court should refuse Juror No. 50’s discovery request because
Juror No. 50 is under investigation and the release of the information
requested would prejudice that investigation.
It is the conduct of Juror No. 50 that is under investigation here. Like many
suspects, Juror No. 50 would like to learn as much information about the investigation so
that he can tailor responses to any potential questions and change the focus of the
investigation. Once he was thoroughly tipped off by the government, Juror No. 50 has
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Dates
Document Details
| Filename | DOJ-OGR-00009751.jpg |
| File Size | 718.4 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 1,945 characters |
| Indexed | 2026-02-03 17:50:00.639459 |