528 [DOJ-OGR-00008237—DOJ-OGR-00008244]

Case 1:20-cr-00330-PAE Document528 Filed 12/06/21 Page1of8 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 6, 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 in response to the defense motion to call Jane’s attorney, Robert Glassman, to testify. Any such testimony is protected by attorney-client privilege and, in any event, should be excluded under Rule 403. 1. Applicable Law The “common law” governs claims of privilege in federal cases. Fed. R. Evid. 501. And “t]he attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observation of law and administration of justice.” Upjohn Co. v. United States, 449 U.S. 383 (1981); see United States v. Schwimmer, 892 F.2d 237, 243 (2d Cir. 1989) (explaining that the privilege “recognizes DOJ-OGR-00008237