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Document 20-CR-033-DLC

AI Analysis

Summary: The government opposes the defendant's request to use certain discovery materials from the criminal case in related civil cases, arguing that the defendant has not shown a compelling reason to permit such use and that it would be an improper circumvention of the protective order in the criminal case. The government contends that the materials are not relevant to the civil cases and that the defendant's true intention is to falsely accuse the government and a recipient of malfeasance. The government's opposition is presented in a letter to the court, signed by Assistant United States Attorneys.
Significance: This document is potentially important as it reveals the government's opposition to the defendant's request to use discovery materials from a criminal case in related civil cases, and highlights the government's argument that such use would be an 'end-run around the protective order'.
Key Topics: defendant's request to use criminal discovery materials in civil cases protective order in the criminal case relevance of discovery materials to civil litigation
Key People:
  • Alison J. Nathan - Honorable Judge presiding over the case
  • Audrey Strauss - Acting United States Attorney
  • Maurene Comey - Assistant United States Attorney
  • Alison Moe - Assistant United States Attorney
  • Lara Pomerantz - Assistant United States Attorney
Document Type
Court Filing
Date
August 21, 2020
Pages
1
Folder
IMAGES007

Full Text

Case #: 20-CR-033-DLC As Filed In The Document # 4620 Filed 08/21/20 Page 5of 5 Honorable Alison J. Nathan August 21, 2020 Page 5 requested—the defendant can make such arguments, and the Government can and will vigorously oppose them, at the appropriate stage in this case. Finally, to the extent the defendant contends that the relief requested is somehow necessary to her ability to bring issues to the attention of other courts, the Defense Letter completely fails to explain what legal argument she wishes to make in her Civil Cases based on the discovery materials she has identified or what relevance those materials have to the litigation of the Civil Cases. The fact that the Government issued grand jury subpoenas and obtained court authorization for compliance with one of those subpoenas has no conceivable relevance to disputed issues in the Civil Cases. To the extent the defendant argues that the requested relief is necessary to ensure that courts adjudicating the Civil Cases are aware of the existence of the documents at issue, the defendant identifies no specific reason why these materials are relevant to the issues pending in those cases, other than to falsely accuse the Recipient and the Government of some sort of malfeasance.6 In sum, the defendant’s arguments in favor of her application offer no explanation of the relevant legal theory the materials would support, not to mention a compelling reason for this Court to permit an end-run around the protective order and permit the use of criminal discovery to litigate a civil case. Accordingly, the application in the Defense Letter should be denied. Respectfully submitted, AUDREY STRAUSS Acting United States Attorney By: _________/s Maurene Comey / Alison Moe / Lara Pomerantz Assistant United States Attorneys Southern District of New York Tel: (212) 637-2324 Cc: All counsel of record, via ECF 6 If anything, the Defense Letter suggests that the defendant intends to use criminal discovery materials to attack the Government in the Civil Cases, attacks of no discernable relevance in those cases and made in a forum in which the Government is not a party and would have no opportunity to respond. DOJ-OGR-00019338