517 [DOJ-OGR-00008190—DOJ-OGR-00008193]

Case 1:20-cr-00330-PAE Document517 _ Filed 11/30/21 Page1of4 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 November 30, 2021 BY ECF The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 82 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in response to the question whether the defense is required to disclose exhibits they intend to introduce into evidence through Government 9 witnesses as “impeachment.” While the defendant need not disclose exhibits being introduced solely for impeachment, the defendant may not circumvent Rule 16’s disclosure requirements by describing defense exhibits as being used for impeachment when in fact they are properly considered part of the defendant’s case in chief. Further, the introduction of extrinsic evidence for the purpose of impeachment is narrowly circumscribed, as set forth below. Rule 16(b) expressly requires disclosure of items the defense “intends to use . . . in the defendant’s case-in-chief at trial.” Fed. R. Crim. P. 16(b)(1)(A). The defendant’s “case in chief” is not a formalist term for the events that begin the moment the Government rests. Rather, “where DOJ-OGR-00008190