EFTA00023662

Haddon, Morgan and Foreman. r.c Jeffrey Paglluca HADDON MORGAN FOREMAN pm August 24, 2020 VIA EMAIL The Honorable Alison J. Nathan

United States District Court

Southern District of New York

40 Foley Square New York, NY 10007 150 East 10th Avenue Denver. Colorado 80203 www.hmffaw.com Re: Proposed Redactions to Request to Modify Protective Order (Under Seal)

United States v. Ghislaine Maxwell, 20 Cr. 330 (MN)

Dear Judge Nathan, In accordance with this Court's Order of August 18, 2020 (Doc. 44), Ms. Maxwell hereby respectfully submits under seal her proposed redactions to her Request to Modify Protective

Order ("Request"), filed under seal on August 17, 2020. Ms. Maxwell also has filed her Reply

under seal and contemporaneously submits her proposed redactions to that pleading.' Ms. Maxwell has no opposition to keeping under seal, and redacting from her Request and Reply, the contents, description and discussion of the sealed materials themselves; because the government has marked them Confidential, the Protective Order requires as much. See Doc. 36, 1 15. The government's proposed redactions, however, go further and propose to redact significant procedural background, all of which is publicly available information. The government would have this Court redact the "snectttc civil suit Nom which the eovernment obtained matenals - v. Maxwell lit ahon1 government's investigation." on the premise that it would "risk jeopardizing the p i IMs. Maxwell has already publicly and repeatedly pointed out in the case, and to they !second Circuit, that which was obvious from the outset of this crimi c, -- that her sealer I To the extent this Court believes this letter also should be filed publicly, counsel also has indicated her proposed redactions to this letter.

The Honorable Alison J. Nathan August 24, 2020 Page 2 info ding unsex ing process and emergency stay, that she is seeking 'mod' y the protective order and revea eave from this Court tic' in ormation under seal to those two courts Moreover, the government has made repeated, highly public statements, including at the press conference following Ms. Maxwell's indictment,' in the press conference following Mr. Epstein's indictment,' in a press conference convened at the doorstep of Mr. Epstein's former New York mansion,' and in other publicly-released statements' that its investigation into associates of Mr. Epstein is ongoing and active. undamentally, the sealed materials are judicial documents. "1'he pleadings and orders do no 'contain any al eged victim names or identifying information. 'here is no reference in the sea e4 Imatena s to any con 'denial m ormant, wiretap, or other actua ongoing investigative procesi 'that might be compromised by disc osure o the matena 4 The process to evaluate whether a judicial document should remain under seal is clear. Once a determination is made that the materials are judicial documents the Court is required to determine whether any countervailing interests outweigh the presumptive right to public access. M. Maxwell, 929 F.3d 41, 49-50 (2d Cir. 2019). Frankly, Ms. Maxwell does not believe that the government has established a countervailing interest compelling enough to justify continued sealing of the documents. Consideration the on y reason that the documents are sea ed is because the government' (Circumvented the process estab 'shed m Martmde It is also likely that these same documents will be the subject of future motion practice in this Court, 'making the matena , or the third time luck= documents iw ib7r However, Ms. Maxwell has no interest in additional pretrial publicity related to any of these documents and submits that protecting her right to a fair trial is the countervailing interest that, at this point, requires her proposed redactions and the continued sealing of the materials with the exception of her limited request to file the materials under seal lAppea s and udge l'reska 'with the Second Circuit Court oil 2 "These charges to be announced today, are the latest result of our investigation into Epstein, and the people around him who facilitated his abuse of minor victims. That investigation remains ongoing." (https://www.rev.com/blog/transcripts/announcement-transcript-ofcharges-against-ghislaine-maxwell-in-newiork- jeffrey-epstein-associate-arrested). 3 "This in no way is over, OK. There's going to be more investigative steps they're going to take place and the FBI with the U.S. attorney here is going to continue to investigate." http://transcripts.cnn.com/TRANSCRIPTS/I907/08/ath.0l.html). Sarah Nathan and Kate Sheey, "Prince Andrew refuses to cooperate with feds in Jeffrey Epstein probe," NY Post (Jan. 27, 2020) (https://nypost.corn/2020/01/27/prince-andrew-refuses-to-cooperate-with-feds-in-jeffrerepstein- probe!). 5 Alan Feuer, "Prince Andrew and U.S> Prosecutor in Nasty Dispute Over Epstein Case," NY Times (June 8, 2020) (https://www.nytimes.com/2020/06/08/nyregion/jeffrey-epstein-prince-andrew.html).

The Honorable Alison J. Nathan August 24, 2020 Page 3 Respectfully Submitted, Jeffrey S. Pagliuca CC: Counsel of Record (via Email)