DOJ-OGR-00004912.pdf

Case 1:20-cr-00330-PAE Document 311-1 Filed 07/02/21 Page 19 of 23 xj3q1gra SEALED 1 Rule 60. We will be extremely restricted in our use of them. 2 To the extent that we receive materials that otherwise wouldn't 3 have been narrowly connected with our investigation, they will not go anywhere that they shouldn't; they will not be treated 4 in any way they should not be. 5 6 THE COURT: Let me ask a question that you may not wish to answer, and I'll appreciate it if you don't. 7 8 I know who the target of your investigation is, at least the one that you've identified. Is there any expectation 9 that these materials would be used to commence criminal proceedings against either of the parties to the libel case? 10 11 MR. ROSSMILLER: I can say that just as a general matter, that any materials that we gather in any part of any 12 investigation that appear to give rise to criminal liability for individuals implicated in those materials could cause us to 13 proceed with an investigation of any such individual. That's a little broad, your Honor, obviously, but -- 14 15 THE COURT: Oh, no. I understand what you're saying. 16 And I think Judge Sweet had some concerns about that. 17 18 MR. ROSSMILLER: But I don't think that there's any additional protection for the parties of the lawsuit as opposed 19 to nonparties' information. 20 21 THE COURT: They're the ones who relied on the protective order. Of course you say it's not reasonable to 22 rely, but they're the ones who relied on the protective order 23 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 SDNY_GM_00000870 DOJ-OGR-00004912