DOJ-OGR-00005399.jpg

"In the context of the disclosure of witness identifying information, the Second Circuit has identified two primary interests of defendants: '(1) obtaining information needed for in-court and out-of-court investigation of the witness; and (2) enabling defense counsel to elicit information that might be relevant to the jury’s deliberations as to the credibility or knowledgeability of the witness.'"

"If the Government provides a reason to 'limit disclosure of identifying information in open court,' the defendant must 'demonstrate a ‘particularized need’ for disclosure . . . which the court weighs against the risks to the witness.'"

"[W]here the government voices a legitimate concern for a witness’ safety, the trial court must balance the potential danger to the witness against the need of the defense for the information."