Case 1:20-cr-00330-PAE Document583_ Filed 01/25/22 Page1lof5
The New York Times
Company
David McCraw January 24, 2022
Senior Vice President &
Deputy General Counsel
T 212 556 4031
VIA EMAIL AND FEDEX
[email protected]
620 8th Avenue The Honorable Alison J. Nathan
New York, NY 10018 United States District Court
TyHMes eon Southern District of New York
United States Courthouse
40 Foley Square
New York, NY 10007
Re: United States v. Maxwell, No. 20-cr-00330 (AJN) — Unsealing of
Defendant’s Motion for a New Trial and Questionnaires of Seated
Jurors
Dear Judge Nathan:
I write on behalf of The New York Times Company (“The Times”) to
request that the Court unseal (a) Defendant’s Motion for a New Trial and
accompanying brief and exhibits (Dkt. 580) and (b) the filled-out
questionnaires for the twelve seated jurors. These records are subject to
both First Amendment and common law rights of access, which set
stringent standards for sealing.! We ask that the Court unseal them, with
only those redactions necessary to protect the identities of jurors, to the
extent they have not already been disclosed. We also ask that this Court
make clear that any subsequent briefs and exhibits filed in conjunction
with this motion should not be filed under seal and with only those
redactions necessary to protect jurors’ identities.
As the Court knows, both sets of sealed records bear on allegations of
juror misconduct. On January 5, 2022, the parties wrote to this Court
regarding public statements made by one juror, identified as “Juror 50,”
about how his jury room disclosure that he was a victim of sexual assault
' The right of access is an affirmative enforceable public right, and it is well-
established that the press has standing to enforce this right. See, e.g., Globe
Newspaper Co. v. Superior Ct. for Norfolk City, 457 U.S. 596, 609 n.25 (1982);
Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004).
DOJ-OGR-00008833