DOJ-OGR-00002364.pdf

--- Page 1 --- **Document Header** * **Case Number:** 1:20-cr-00330-AJN * **Document Number:** 134 * **Filed Date:** 02/04/21 * **Page Number:** 17 of 23 **Text Content** * **Section 1:** + "expressly invoked the assurances of the Protective Order." + "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 Maxwell have relied on the Protective Order? The central protection in the Order was that none of Maxwell's answers could be disclosed to the government." + "Boies Schiller had expressly sought a law enforcement exception but was rebuffed." + "Instead, the law firm was required either to return the confidential material or, at Maxwell's option, to destroy it." + "Maxwell had every reason to take that assurance seriously, even if [did not]." * **Section 2:** + "The government circumvented the protective order." + "Faced with a duly entered Protective Order—which quite deliberately omitted any "law enforcement" exception—the government had lawful options to pursue the confidential Giuffre discovery." + "It could have moved to intervene in the civil case and to amend the Protective Order." + "It could have issued a subpoena for the materials and given Maxwell an opportunity to respond." + "Martindell, 594 F.2d at 294." + "It could even have applied for a search warrant, assuming (counterfactually) that it could show probable cause in support of such a warrant." + "The government did none of those things." + "Instead," + "This was not among the lawful options available to the government." + "It cannot fairly be disputed that ruling to amend the Protective Order was based on the government's misrepresentations." + "Immediately before issuing her decision, held a hearing with the sole purpose of asking the prosecutor," + "stated reason for so inquiring was to ensure that the government and had not coordinated as the parties" **Footer** * **Document Number:** DOJ-OGR-00002364 * **Page Number:** 12