Full Text
The Honorable Alison J. Nathan
July 28, 2020
Page 7
of such materials provided by the defendant to the Government. But there is no basis to add additional restrictions upon the Government's use of materials gathered by the Government itself.
The defendant's only counter-argument, as noted—that this Court should put third parties “on equal footing with the defense”—is both unlikely to be relevant given the Government's standard practice, as described above, and, the Government submits, an irrelevant consideration in the context of a criminal protective order. Indeed, the Government respectfully submits that neither it nor this Court is well-positioned to, or should, become the arbiter of what is appropriate or permissible in civil cases.
In sum, the defendant's attempt to restrict the Government and to restrict third parties in this way appears to be unprecedented, and is without legal basis, and should be denied.
Accordingly, for the reasons set forth above, the Court should enter the Government's proposed protective order, which is enclosed, and deny the defendant's motion.
Respectfully submitted,
AUDREY STRAUSS
Acting United States Attorney
By: _______________________
Alex Rossmiller / Alison Moe / Maurene Comey
Assistant United States Attorneys
Southern District of New York
Tel: (212) 637-2415
Cc: All counsel of record (via ECF)
App.062
DOJ-OGR-00019521