DOJ-OGR-00005571.jpg

496 KB

Extraction Summary

4
People
4
Organizations
0
Locations
1
Events
2
Relationships
1
Quotes

Document Information

Type: Legal document
File Size: 496 KB
Summary

This legal document, filed on October 29, 2021, is part of a court case where the Government is arguing for the protection of 'Minor Victims' by allowing them to testify under pseudonyms. The Government asserts that this protection is necessary to prevent their identities from being exposed by news outlets, which would cause significant harm, and that the Defendant's need for witness information does not outweigh this need for protection. The document cites the Second Circuit's definition of a defendant's interests in witness disclosure.

People (4)

Name Role Context
Minor Victims Victim
The subject of a legal argument regarding their right to testify under pseudonyms to protect their anonymity.
The Defendant Defendant
Mentioned in the context of their interests in witness disclosure, which the document argues are not countervailing t...
prosecutors prosecutor
Mentioned as having been conferred with in similar cases regarding the behavior of the mainstream press.
defense counsel Legal Counsel
Mentioned as part of the defendant's interests, specifically their need to elicit information from witnesses.

Organizations (4)

Name Type Context
The Court judicial body
Referred to as the body that would order protections for Minor Victims testifying under pseudonyms.
The Government government agency
The party making the argument in this document to protect the identities of the Minor Victims.
Second Circuit judicial body
Cited for its identification of the primary interests of defendants regarding witness information disclosure.
Department of Justice (DOJ) government agency
Implied by the document identifier 'DOJ-OGR-00005571' at the bottom of the page.

Timeline (1 events)

2021-10-29
Document 383 was filed in Case 1:20-cr-00330-PAE.

Relationships (2)

The Government protective Minor Victims
The Government is arguing in court to protect the anonymity of the Minor Victims.
The Government adversarial The Defendant
The Government is arguing against the Defendant's interests in obtaining witness identifying information.

Key Quotes (1)

"(1) obtaining information needed for in-court and out-of-court investigation of the witness; and (2) enabling defense counsel to elicit information"
Source
— Second Circuit (A quote identifying the two primary interests of defendants in the context of witness information disclosure.)
DOJ-OGR-00005571.jpg
Quote #1

Full Extracted Text

Complete text extracted from the document (1,553 characters)

Case 1:20-cr-00330-PAE Document 383 Filed 10/29/21 Page 17 of 40
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There is every reason to believe that, if the Court orders that Minor Victims be permitted to testify under pseudonyms, many major publications will honor that request and not rebroadcast the Minor Victims’ names should they surface elsewhere. The Government does not assume that the mainstream press would reveal the identity of a victim against her wishes, particularly if the victim is testifying under Court-ordered protections to preserve her anonymity. Furthermore, the Government’s understanding from conferring with prosecutors in similar cases is that the mainstream press did not, in fact, reveal the identities of victims who testified under court-ordered protections. And in any event, even marginally reduced exposure is significant to the Minor Victims.⁹ There is a very meaningful difference between the names of victims appearing in some dark corner of the internet, and the names of the victims appearing in the news outlets that will be viewed by the friends, families (including children), and employers of the Minor Victims.
D. The Defendant Has No Countervailing Interests at Stake, Much Less a Particularized Need for Disclosure.
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
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DOJ-OGR-00005571

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