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685 KB
Extraction Summary
3
People
3
Organizations
0
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal brief / court filing (appeal)
File Size:
685 KB
Summary
This document is page 18 of a legal brief filed on September 24, 2020, in Case 20-3061 (likely the Second Circuit appeal regarding Ghislaine Maxwell). The text outlines Maxwell's argument that the civil appeal court should reverse Judge Preska's order to unseal her depositions. She argues that unsealing the documents now would prejudice her ability to challenge the government's conduct (specifically an alleged violation of 'Martindell' by obtaining civil depositions for criminal use) before Judge Nathan in her pending criminal case.
People (3)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant/Appellant |
Arguing against the unsealing of deposition materials to protect her defense in a criminal case.
|
| Judge Preska | District Court Judge (Civil) |
Issued the order unsealing the deposition material which Maxwell is appealing.
|
| Judge Nathan | District Court Judge (Criminal) |
Presiding over the criminal case; the judge before whom Maxwell intends to challenge the government's conduct.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government |
Prosecution; accused by Maxwell of circumventing Martindell to obtain depositions.
|
|
| District Court |
Lower court where the cases are being heard.
|
|
| Court of Appeals |
Implied 'this Court' hearing the civil appeal.
|
Timeline (2 events)
Future (relative to doc)
Maxwell intends to argue violation of Martindell before Judge Nathan.
Criminal Court
Prior to 2020-09-24
Judge Preska issued an order unsealing deposition material.
District Court
Relationships (2)
Maxwell is appealing Judge Preska's unsealing order.
Maxwell intends to make arguments to Judge Nathan in the criminal case.
Key Quotes (4)
"Ms. Maxwell is not asking this Court to rule on the propriety of the government’s conduct in circumventing Martindell"Source
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Quote #1
"unless this Court reverses Judge Preska’s order unsealing the deposition material, Ms. Maxwell may never be able to challenge before Judge Nathan the government’s conduct in obtaining her depositions."Source
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Quote #2
"The civil case is not the appropriate forum to litigate the government’s apparent violation of Martindell."Source
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Quote #3
"Keeping the deposition material sealed will"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,597 characters)
Case 20-3061, Document 60, 09/24/2020, 2938278, Page23 of 58
Government’s methods of obtaining evidence that it intends to use to prosecute
the criminal case through the Subpoenas to [REDACTED] Doc. 37, p 17. Based on
this understanding, the government claims that Ms. Maxwell “seeks to have this
Court reach the merits of her arguments on that issue in the context of the civil
appeal, and before they have been properly litigated before and adjudicated by the
District Court in the criminal case.” Doc. 37, p 17 (emphasis in original). That is
not so.
the criminal case through the Subpoenas to [REDACTED] Doc. 37, p 17. Based on
this understanding, the government claims that Ms. Maxwell “seeks to have this
Court reach the merits of her arguments on that issue in the context of the civil
appeal, and before they have been properly litigated before and adjudicated by the
District Court in the criminal case.” Doc. 37, p 17 (emphasis in original). That is
not so.
In the civil appeal, Ms. Maxwell is not asking this Court to rule on the
propriety of the government’s conduct in circumventing Martindell and obtaining
her depositions in a secret ex parte proceeding without providing Ms. Maxwell
notice and an opportunity to be heard.
propriety of the government’s conduct in circumventing Martindell and obtaining
her depositions in a secret ex parte proceeding without providing Ms. Maxwell
notice and an opportunity to be heard.
Rather, Ms. Maxwell’s argument in the civil appeal is that, unless this Court
reverses Judge Preska’s order unsealing the deposition material, Ms. Maxwell may
never be able to challenge before Judge Nathan the government’s conduct in
obtaining her depositions. As Ms. Maxwell said in her opening brief in the appeal of
Judge Preska’s unsealing order:
reverses Judge Preska’s order unsealing the deposition material, Ms. Maxwell may
never be able to challenge before Judge Nathan the government’s conduct in
obtaining her depositions. As Ms. Maxwell said in her opening brief in the appeal of
Judge Preska’s unsealing order:
The civil case is not the appropriate forum to litigate the
government’s apparent violation of Martindell. Ms. Maxwell intends
to make that argument to Judge Nathan in the criminal case. But if
Judge Preska’s unsealing order is affirmed and Ms. Maxwell’s
deposition is released, her ability to make that argument before Judge
Nathan will be prejudiced. Keeping the deposition material sealed will
government’s apparent violation of Martindell. Ms. Maxwell intends
to make that argument to Judge Nathan in the criminal case. But if
Judge Preska’s unsealing order is affirmed and Ms. Maxwell’s
deposition is released, her ability to make that argument before Judge
Nathan will be prejudiced. Keeping the deposition material sealed will
18
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