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Case 1:20-cr-00330-AJN Document 67 Filed 10/30/20 Page 4 of 4

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that the defendant has had difficulty opening on the MDC computer system.5 Because those efforts are already underway and remain ongoing, there is no need for an order directing them.

Second, the Defense Letter complains about issues within the MDC that are not in the Government’s control, but that the Government has nevertheless spent significant time addressing at the defense’s behest. (Def. Ltr. 6-7). MDC legal counsel has informed the Government that MDC staff has been instructed to allow defense counsel to pass papers to their client for her to review during visits. Accordingly, there is no need for an order to address this issue. MDC legal counsel also noted that the table in the attorney visiting room is equipped with a Plexiglas barrier down the middle to prevent the spread of COVID-19. Attorneys and clients are required to sit on opposite sides of that barrier for their health and safety, but they can position any laptop they may be reviewing in such a way that both the client and attorneys can view it while remaining on opposite sides of the table. Finally, the Government understands from MDC legal counsel that the defendant has access to her discovery for approximately 13 hours per day and therefore receives more time to review her discovery than any other inmate in the MDC.

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The Government is working expeditiously to meet its obligations and discovery deadlines, which it takes very seriously. The Government’s primary objective, of course, is to finalize the production of discovery as quickly as possible, while also ensuring that its productions are complete. At any point, should the defense have questions or concerns about the discovery, the Government has been and remains available to discuss any such issues directly with counsel.

Respectfully submitted,

AUDREY STRAUSS
Acting United States Attorney

By: [Signature]
Maurene Comey / Alison Moe / Lara Pomerantz
Assistant United States Attorneys
Southern District of New York
Tel: (212) 637-2324

Cc: All Counsel of Record (By ECF)

5 It is not clear to the Government what documents the defendant is unable to view at this point, but to be clear, the technical issues have, at their worst, impacted the defendant’s ability to view only a subset of the hundreds of thousands of pages produced to her. The defense has previously provided the Government with lists of documents that the defendant could not open. In response, the Government has sent the defendant replacement productions with reformatted versions of each identified document after consulting with MDC staff to ensure that the files would be viewable on the MDC computer system. Yesterday, defense counsel informed the Government that the defendant still cannot view certain files, but the defense has not identified all of the specific unreviewable documents. In any event, the Government will continue to work with the defense and the MDC to ensure that the defendant can review all discovery.

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