House Oversight — DOJ production
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- 704.pdf
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- House Oversight (DOJ)
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- 8
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Case 1:20-cr-00330-PAE Document 704 _ Filed 07/12/22 Page1of8 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 December 14, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 82 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in opposition to the defendant’s request to permit three witnesses to testify using pseudonyms or first names. The defendant’s unprecedented request seeks relief for an issue that arises in a large number of cases, and that relief is not necessary to protect the defendant’s constitutional rights. Accordingly, the Government opposes the motion. 1. Applicable Law It is “firmly established” that “the press and general public have a constitutional night of access to criminal trials.” Globe Newspaper Co. v. Superior Court for Norfolk County, 457 U.S. 596, 603 (1982); see United States v. Alcantara, 396 F. 3d 189, 194-95 (2d Cir. 2005) (describing the “qualified First Amendment right to attend trials”). It is well settled that the names of certain categories of trial witnesses can be withheld from DOJ-OGR-00011233 Case 1:20-cr-00330-PAE Document 704 _ Filed 07/12/22 Page2of8 the public, even though the witness testifies in open court. But those categories are limited and narrowly circumscribed. For instance, victims in sex abuse cases regularly testify using pseudonyms. (See Gov’t Omnibus Mots. in Limine at 7-8, Dkt. No. 380 (collecting cases)). In those cases, victims often testify “in explicit detail,” and revealing victim identities “could chill the willingness of other alleged victims of sex crimes to come forward.” See Order at 2, Martinez, No. 17 Cr. 281 (ERK) (E.D.N.Y. Dec. 18, 2017), Dkt. No. 34; see also Globe Newspaper Co., 457 US. at 607 (agreei […]