DOJ-OGR-00004911.pdf

Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 18 of 23 Xj3q1gra SEALED 1 because I don't know anything about the case. 2 MR. ROSSMILLER: Okay, your Honor, and I think the 3 answer to that is in a couple parts. The first is, I would 4 point the Court towards some of the opinions that have talked 5 about the government's investigative ability and authority 6 being broad, and it is the case that sometimes we issue grand 7 jury subpoenas -- 8 THE COURT: But that was true in Martindell too. 9 MR. ROSSMILLER: Yes, of course, your Honor, but I 10 just need to say that it is entirely possible that, in any 11 grand jury subpoena, that materials will come back that are not 12 helpful to our investigation, are not relevant, for whatever 13 reason, that it was, however unintentionally, overbroad or 14 included unnecessary aspects. Here, we are essentially unable 15 to significantly narrow the request for information in part for 16 exactly the reasons that you describe. We have either little 17 or no additional information than the Court does in terms of 18 what materials there are, who was deposed, and that is in 19 marked contrast to some of the other cases. 20 THE COURT: Every other case in the whole world. 21 MR. ROSSMILLER: Of course, your Honor. Exactly. For 22 exactly the reasons we described. 23 So what I can say in terms of assurance is, we are not 24 sort of an ordinary third-party intervener. All of these 25 materials will be subject to the extraordinary protections of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 SDNY_GM_00000869 DOJ-OGR-00004911