524 [DOJ-OGR-00008223—DOJ-OGR-00008224]

Case 1:20-cr-00330-PAE Document524 Filed 12/05/21 Pagelof2 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 December 5, 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, S2 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter regarding the Court’s instruction in advance of the testimony of Witness-3. Consistent with the Court’s order, the Government is planning to elicit from Witness-3 only basic information about sexual activity that occurred with Epstein (e.g., that it occurred, that Epstein initiated it, that it happened in the context of a massage, and the locations of the sexualized massages), without eliciting any details. The Government is concerned, however, that asking leading questions and obviously avoiding the details of the sexual activity will cause the jury to infer that the lack of detail reflects a lack of credibility. See, e.g., 11/29/21 Tr. at 54 (defense opening argument that “they are going to recount things that they claim happened to them decades and decades ago. They are not going to be able to pinpoint dates... .”). DOJ-OGR-00008223