Case 1:20-cr-00330-AJN Document 35 Filed 07/29/20 Page 1of5
COHEN & GRESSER LLP
Mark S. Cohen
+1 (212) 957-7600
[email protected]
Christian R. Everdell
+1 (212) 957-7600
[email protected]
July 29, 2020
VIA ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
AO Foley Square
New York, New York 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan:
On behalf of our client, Ghislaine Maxwell, we respectfully submit this letter to reply to
the government’s response letter and submission regarding the proposed protective order in the
above-captioned case, dated July 28, 2020 (“Government’s Response” or “Gov’t Resp.”) (Dkt.
33).
The parties have met and conferred, resolving nearly all the issues relating to the
proposed protective order. The parties agree that there are two areas of dispute as to which we
require guidance from the Court. As noted in our opening letter and below, we respectfully
submit that the arguments made by the government are unavailing, and that the defense’s
proposed protective order, attached as Exhibit A to our initial submission (Dkt. 29), should be
entered by the Court.
1. Referencing Individuals Who Have Publicly Identified Themselves
The starting point for evaluating the scope of a proposed protective order is whether there
are valid privacy interests at issue. It is the government’s burden to establish “good cause” that
disclosure will cause “a clearly defined and serious injury.” United States v. Wecht, 484 F.3d
194, 211 (3d Cir. 2007) (citation omitted). The Court should also ensure that the proposed
restriction is “no broader than is necessary” to protect that interest, and must consider the impact
that the restriction may have “on a defendant’s due process right to prepare and present a full
defense at trial.” United States v. Lindh, 198 F. Supp. 2d 739, 742 (E.D. Va. 2002). Throughout
its letter, the government inverts this standard, claiming that the burden is on the defense (which,
DOJ-OGR-00001685