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550 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
550 KB
Summary
This legal document, page 4 of a court filing from December 21, 2021, details a joint proposal by the prosecution ('the Government') and the defense regarding public access to trial exhibits. They propose releasing slides after closing arguments to balance the public's right to access with the defendant's right to a fair trial and victim privacy, citing the 'United States v. Graham' case. A footnote describes an alternative government proposal to provide redacted slides beforehand, which the defense opposes.
People (1)
| Name | Role | Context |
|---|---|---|
| Graham | Party in a cited legal case |
Mentioned in the case citation 'United States v. Graham, 257 F.3d 143, 154 (2d Cir. 2001)'.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| United States Government | Government agency |
Referred to as 'the Government' and a party in the case 'United States v. Graham'. Proposes providing redacted slides...
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| United States Court of Appeals for the Second Circuit | Judicial body |
Referenced as '(2d Cir. 2001)' in a case citation.
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Timeline (1 events)
A trial where parties are presenting closing arguments and discussing the timing of public release for trial exhibits (slides).
The parties
the Government
the defense
Relationships (1)
The Government
→
Adversarial parties in a legal case
→
The defense
The document states 'The parties jointly agree that this proposal appropriately balances...' but also notes in a footnote that 'The defense is opposed to' an alternative proposal from the Government.
Key Quotes (1)
"countervailing factors may overcome the presumption of access"Source
— United States v. Graham case law
(Cited as a legal principle to justify balancing the public's right of access against other interests, such as the defendant's right to a fair trial.)
DOJ-OGR-00008451.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (1,498 characters)
Case: 20-cr-00XXX-ABN Document 558 Filed 12/21/21 Page 4 of 5
the slides following the conclusion of closing arguments. During trial, exhibits have been provided in the same way, that is, as soon as the parties have had time to review them following the conclusion of the trial day, rather than provided to the public at the time they are offered into evidence.
The parties jointly agree that this proposal appropriately balances the parties’ interest in efficient and effective advocacy and the privacy interests of victims and third parties with the public right of access. The public right of access is strong, but “countervailing factors may overcome the presumption of access,” including the defendant’s right to a fair trial. United States v. Graham, 257 F.3d 143, 154 (2d Cir. 2001). Under the parties’ proposal, the public right of access is fully satisfied—just soon after the trial day.³ That minimal burden on the public right is outweighed by the other interests at stake.
³ As an alternative, the Government is willing to provide printed versions of a redacted version of its slides before the summation begins to members of the public in attendance, so they can follow along during the summation. The defense is opposed to this process for the reasons already identified in the above text, including specifically the need to adjust certain slides or materials to respond to the government’s closing, which cannot be anticipated in advance of its presentation.
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DOJ-OGR-00008451
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