DOJ-OGR-00000744.pdf

Case 1:19-cr-00490-RMB Document 64 Filed 07/25/25 Page 4 of 4 withheld is a question best left to the court adjudicating that future case. We are concerned that, if this Court explicitly or implicitly blesses the Government's proposed redactions of non-victim-related personally identifiable information (even in passing), that opinion will be treated as a proverbial thumb on the scale in our FOIA case without materially affecting the Court's decision in this case. In other words, if this Court mentions in its decision that it was swayed at all by the Government's promise to redact personally identifiable information, we are concerned that the Government will then argue in its FOIA case that "Judge Berman agreed that this information should not be publicly disclosed." Therefore, we respectfully request that this Court not take the Government's statements regarding non-victim-related personally identifiable information into account when reaching its decision regarding the Government's motion, and we further request that the Court specify that it is not opining on that question, should it grant the Government's motion. The Government takes no position on the intervention of MSW Media. I did not consult with a representative for the former defendant. Sincerely, Kel McClanahan Counsel for Proposed Intervenor DOJ-OGR-00000744