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Legal correspondence / court filing
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746 KB
Summary
This document is page 2 of a legal letter addressed to Judge Alison J. Nathan, dated July 21, 2020, filed in case 1:20-cr-00330 (United States v. Ghislaine Maxwell). The text focuses on Local Criminal Rule 23.1(a), outlining the duty of lawyers and government agents to avoid releasing non-public information that could prejudice a fair trial. It lists seven specific subject matters that are presumptively prejudicial if disseminated publicly, including the accused's prior record, confessions, test results, witness identities, plea possibilities, inadmissible evidence, and opinions on guilt.
People (1)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | Judge |
Addressee of the letter; The Honorable Alison J. Nathan
|
Key Quotes (3)
"In an effort to protect the trial process from 'prejudicial outside interferences,' this Court promulgated Local Criminal Rule 23.1(a)"Source
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Quote #1
"It is the duty of the lawyer or law firm... not to release or authorize the release of non-public information... if there is a substantial likelihood that such dissemination will interfere with a fair trial"Source
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Quote #2
"lawyers for parties and witnesses and their agents are prohibited from publicly disseminating information concerning: (1) The prior criminal record... (7) Any opinion as to the accused’s guilt or innocence"Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,248 characters)
Case 1:20-cr-00330-AJN Document 27 Filed 08/21/20 Page 8 of 21
The Honorable Alison J. Nathan
July 21, 2020
Page 2
The Honorable Alison J. Nathan
July 21, 2020
Page 2
In an effort to protect the trial process from “prejudicial outside interferences,” this Court
promulgated Local Criminal Rule 23.1(a) which provides, in relevant part, that:
promulgated Local Criminal Rule 23.1(a) which provides, in relevant part, that:
It is the duty of the lawyer or law firm, ... and government agents
and police officers, not to release or authorize the release of non-
public information or opinion which a reasonable person would
expect to be disseminated by means of public communication, in
connection with pending or imminent criminal litigation with
which they are associated, if there is a substantial likelihood that
such dissemination will interfere with a fair trial or otherwise
prejudice the due administration of justice.
and police officers, not to release or authorize the release of non-
public information or opinion which a reasonable person would
expect to be disseminated by means of public communication, in
connection with pending or imminent criminal litigation with
which they are associated, if there is a substantial likelihood that
such dissemination will interfere with a fair trial or otherwise
prejudice the due administration of justice.
To avoid any confusion this Court identified seven “subject matters” that “presumptively
involve a substantial likelihood that their public dissemination will interfere with a fair trial or
otherwise prejudice the due administration of justice.” Id. at (d). Accordingly, lawyers for parties
and witnesses and their agents are prohibited from publicly disseminating information
concerning:
involve a substantial likelihood that their public dissemination will interfere with a fair trial or
otherwise prejudice the due administration of justice.” Id. at (d). Accordingly, lawyers for parties
and witnesses and their agents are prohibited from publicly disseminating information
concerning:
(1) The prior criminal record (including arrests, indictments or other charges of crime), or
the character or reputation of the accused...;
the character or reputation of the accused...;
(2) The existence or contents of any confession, admission or statement given by the
accused, or the refusal or failure of the accused to make any statement;
accused, or the refusal or failure of the accused to make any statement;
(3) The performance of any examinations or tests or the accused’s refusal or failure to
submit to an examination or test;
submit to an examination or test;
(4) The identity, testimony or credibility of prospective witnesses, except that the lawyer
or law firm may announce the identity of the victim if the announcement is not otherwise
prohibited by law;
or law firm may announce the identity of the victim if the announcement is not otherwise
prohibited by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense;
(6) Information the lawyer or law firm knows is likely to be inadmissible at trial and
would if disclosed create a substantial likelihood of prejudicing an impartial trial; and
would if disclosed create a substantial likelihood of prejudicing an impartial trial; and
(7) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or
the evidence in the case.
the evidence in the case.
Id. at (d)(1-7) (emphasis added).
App.032
DOJ-OGR-00019491
DOJ-OGR-00019491
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