66 results for "court deposition subpoena"
Page 2 of 3
DOJ-OGR-00003552.jpg
...Here, there is no such deficiency in the form of request
nor a challenge by the recipient of the subpoena. Indeed, in Chemical Bank, which cited
Martindell, the district court opined that had the Government obtained judicial relief to issue an
such as documents and depositions are not likely to...
DOJ-OGR-00003546.jpg
...The Court held that the Government was not entitled to the materials unless it
could show either that the protective order was improvidently granted or some extraordinary
circumstance or compelling need for the material; see also In re Grand Jury Subpoena Duces
Tecum Dated Apr. 19, 1991 (“Subpoena Duces Tecum...
DOJ-OGR-00003783.jpg
...In Martindell, the Second Circuit held that “the proper procedure” to obtain
confidential material under a Protective Order, “as the Government should know, was either to
subpoena the deposition transcripts for use in a pending proceeding such as a grand jury
investigation or trial, in which the issue could be...
DOJ-OGR-00002368.jpg
...CONCLUSION
For these reasons, this Court should: (1) suppress all evidence the government obtained
from QM and any other evidence derived therefrom; or (2) suppress the April and July
2016 depositions and all evidence derived therefrom; and (3) dismiss Counts Five and Six.
Maxwell requests an evidentiary hearing on this...
DOJ-OGR-00003786.jpg
...material from Boies Schiller when the two deposition
transcripts don’t even total 1,000 pages.
Fourth, the government misunderstands the burden of proof. The government tries to
fault Maxwell for seeking “suppression of a// evidence [it] obtained pursuant to the subpoena,”
calling this a “windfall.” Resp. at 95. But...
DOJ-OGR-00002813.jpg
...A motion to quash the Subpoena is not yet ripe because, without having the benefit of the
Defendant’s sealed briefing on her motion and any other orders pertaining to it, it appears that the
Court has not granted Defendant’s motion for an order authorizing service of the Subpoena...
DOJ-OGR-00002878.jpg
...A motion to quash the Subpoena is not yet ripe because, without having the benefit of the
Defendant’s sealed briefing on her motion and any other orders pertaining to it, it appears that the
Court has not granted Defendant’s motion for an order authorizing service of the Subpoena...
DOJ-OGR-00002937.jpg
...April 2016 Deposition ..........ceeceecceeseessceceneeeeneeseeecaeceneeseneeeaeesaeeeseeseneeeaeesnaeeeeeeeeneesaeeed 123
2. July 2016 Deposition... ec ceeccseceesceceeeceeeeeeeeeseeeceaeeeseeseeeesaeecaeenseeseneesaeesnaeeneeeeeneesaeees 129
3. Matteriality 2.0... ceeceseceeeeeeeeeeeeeceeeeesecesneeseeecaeecsaeessnesseeessaecaeesnesseeesseecsaeeeeeesneesaeesateres 135
ii
DOJ-OGR- 00002937
DOJ-OGR-00003042.jpg
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 108 of 239
way circumvented Martindell; rather, the Government sought court approval to enforce a subpoena
and then followed the directives it received.*’
Most critically, however, even if the Government’s motion did not satisfy Martindell,
Maxwell...
DOJ-OGR-00003046.jpg
...deposition transcripts would be private.” (Def. Mot. 11 at 9).
Neither argument withstands scrutiny. As an initial matter, the facts of this case are far removed
from the “narrow” circumstances in which the Supreme Court has found an exception to the third
party doctrine. For example, the Carpenter Court, while...
DOJ-OGR-00004162.jpg
...Maxwell also had a privacy
interest in the materials subject to the subpoena, including most especially her deposition
transcripts. Mot. Ex. A (defining “confidential” material as that which “implicates common law
and statutory privacy interests of... Ghislaine Maxwell”); see U.S. CONST. amend. IV. The
government violated these rights when...
DOJ-OGR-00003039.jpg
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 105 of 239
information protected thereunder, it was error for the district court to modify the magistrate’s
orders”).
At the same time, in Martindell, the court noted that “[t]he reliance of a private party upon...
DOJ-OGR-00019659.jpg
...Maxwell is free to share the
identity of ““Court-1” and “Court-2” and
the fact that the Government obtained an order from Court-1
permitting the Recipient to comply with a subpoena for materials
3 Surely due process does not contemplate a scenario in which Ms. Maxwell
is never...
DOJ-OGR-00003105.jpg
...criminal prosecution was nonetheless plainly on her mind at the time of the
depositions, as evidenced by the myriad arguments she herself makes in support of her motions to
suppress the fruits of the grand jury subpoena to Boies Schiller. (See, e.g., Def. Mot. 3 at 3-4, Def...
DOJ-OGR-00002358.jpg
...district court found, “a significant, if not determinative, factor” in reaching a
settlement was its confidentiality. /d. at 446.
After the case was settled and concluded, Maxwell repeatedly invoked Paragraph 12 of
the Protective Order and demanded that Giuffre either return or destroy all confidential
information, including her deposition transcripts...
DOJ-OGR-00004902.jpg
...And I believe it will apply to the
docketed filings in the case and not, for example, the
underlying discovery materials, deposition materials,
investigation materials.
THE. COURT: Okay.
MR. ROSSMILLER: And so I think that, unfortunately,
for the circumstances, for perhaps all of us, that even were
the Second Circuit...
DOJ-OGR-00019640.jpg
...Although the District Court did not
modify the Protective Order, Judge Nathan authorized
Maxwell to convey, under seal, to the appropriate ju-
dicial officer the fact that the Government obtained an
order from Court-1 permitting the Recipient to comply
with a subpoena for materials covered by a protective
order...
DOJ-OGR-00019663.jpg
...Maxwell
about the subpoena; Rule 6(e) does not apply to grand jury witnesses. United States
vy. Sells Eng’s, Inc., 463 U.S. 418, 425 (1983).
Despite the government’s attempt (once again) to mischaracterize Ms.
Maxwell’s argument,° this Court need not in this case wade into the...
DOJ-OGR-00004788.jpg
Case 1:20-cr-00330-PAE Document 307 Filed 06/25/21 Page4of21
a protective order to the Government absent a formal motion or subpoena. It further held that a
court should modify a protective order that a party reasonably relied on only if the order had
been improvidently granted...
DOJ-OGR-00016167.jpg
...THE COURT: I'm going to overrule it at the opening
stage. I did not preclude the line of argumentation; I wasn't
asked to preclude the line of argumentation. You raised the
prospect -- you did certainly and I appreciate it, raise the
prospect related to a subpoena of a...
DOJ-OGR-00002561.jpg
...The Court held
that Smith has “assumed the risk” that the telephone company’s records “would be divulged to
police.” Jd. at 745.
Similarly, in United States v. Miller, the Court ruled that the government could subpoena
an individual’s bank records, including several months of canceled checks, deposit slips...
DOJ-OGR-00011722.jpg
...THE COURT:
stage. I did not preci
asked to preclude the lin
prospect -- you did certainly and I
prospect related to a subpoena of
agree with the government
would be able -- but if
existing nonprivileged in
in
that were asked,
is ent
the prof
appreciate it,
You raised
wer mor...
DOJ-OGR-00002364.jpg
...So did the district court in permitting
these intrusions and ordering Maxwell to sit for a second deposition. Maxwell likewise relied on
the Protective Order in choosing to render such intimate details, rather than assert her Fifth
Amendment privilege as she had every right to do.
And why shouldn’t...
DOJ-OGR-00014120.jpg
...THE COURT: Yo
MS. COMEY: We
MR. EVERDELL:
MS. COMEY: Your Honor,
THE COURT:
that this might be relevant.
the entire transcript as discovery last w
lready have, your
"92 comment, '93, according
ll provide the transcript.
Honor. We produced
k when we realized
Given we got there
this issue...
DOJ-OGR-00016743.jpg
...THE COURT: Yo
MS. COMEY: We
MR. EVERDELL:
MS. COMEY: Your Honor,
THE COURT:
that this might be relevant.
the entire transcript as discovery last w
lready have, your
"92 comment, '93, according
ll provide the transcript.
Honor. We produced
k when we realized
Given we got there
this issue...
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