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Case 21-58, Document 20-2, 03/24/2021, 3065965, Page14 of 24

| | | temporarily sealed while the Court resolves the redaction request. SO ORDERED.
(Signed by Judge Alison J. Nathan on 12/1/2020)(bw) (Entered: 12/01/2020)

12/01/2020 | 78 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from
AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 1, 2020
re: Joint Letter regarding Conditions of Confinement Document filed by USA.
(Pomerantz, Lara) (Entered: 12/01/2020)

12/02/2020 | 79 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 78 LETTER by USA
addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and
Lara Pomerantz dated December 1, 2020 re: Joint Letter regarding Conditions of
Confinement. ENDORSEMENT: MDC legal counsel shall submit their letter to the
Court by December 4, 2020. Upon review of that letter, the Court will determine
whether any additional information is required, either orally or in writing. SO
ORDERED. (Signed by Judge Alison J. Nathan on 12/2/2020)(bw) (Entered:
12/02/2020)

12/02/2020 | 80 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from
AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 2, 2020
re: Defense Requests for Sealing Document filed by USA. (Comey, Maurene)
(Entered: 12/02/2020)

12/03/2020 | 81 | ORDER as to Ghislaine Maxwell. On November 25, 2020, counsel for Defendant
Ghislaine Maxwell filed a letter request seeking an in camera conference for the
presentation of a renewed motion for release on bail and a request to seal the
November 25, 2020 letter in its entirety. The Court required justification for the
sealing request. On November 30, 2020, the defense counsel filed a second letter no
longer fully pressing the unsupported request to file the letter entirely under seal and
instead proposing redactions to both the November 25th and November 30th letters.
The Government has indicated that it does not oppose the redactions. Dkt. No. 80.
After due consideration, the Court will adopt the Defendant's proposed redactions,
which are consented to by the Government. The Court's decision is guided by the
three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine
whether the documents in question are "judicial documents;" (ii) assess the weight of
the common law presumption of access to the materials; and (iii) balance competing
considerations against the presumption of access. Id. at 11920. "Such countervailing
factors include but are not limited to 'the danger of impairing law enforcement or
judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120
(quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995) ("Amodeo II")).
The proposed redactions satisfy this test. First, the Court finds that the Defendant's
letter motions are "relevant to the performance of the judicial function and useful in
the judicial process," thereby qualifying as a "judicial document" for purposes of the
first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141,
145 (2d Cir. 1995). And while the Court assumes that the common law presumption of
access attaches, in balancing competing considerations against the presumption of
access, the Court finds that the arguments the Defendant has put forthincluding, most
notably, the privacy interests of the individuals referenced in the lettersfavor her
proposed and tailored redactions. The Defendant is hereby ORDERED to docket the
redacted versions of the two letters by December 4, 2020. For the reasons outlined in
the Government's letter dated December 2, 2020, Dkt. No. 80, the Court DENIES the
Defendant's request for an in camera conference. In order to protect the privacy
interests referenced in the Defendant's November 25, 2020 letter, the Court will permit
the Defendant to make her submission in writing and to propose narrowly tailored
redactions. The parties are hereby ORDERED to meet and confer and to jointly
prepare a briefing schedule for the Defendant's forthcoming renewed motion for
release on bail. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2020)(bw)
(Entered: 12/03/2020)

12/03/2020 | 82 | SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 | 83 | SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 | 84 | SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)

DOJ-OGR-00019759