…CONTENTS TABLE OF CONTENTS ........................................................................................................ i TABLE OF AUTHORITIES .................................................................................................. ii FACTUAL BACKGROUND ......................................................................…
…12 3. The government violated due process. ....................................................................... 14 4. This court possesses the inherent authority to order suppression. .............................. 15 B. At A Minimum, This Court Should Order A Hearing At Which Maxwell May…
…Ms. Maxwell can show at her criminal trial that the Government improperly obtained this section of her testimony ahead of time, she can argue then about whether the sanction of suppression is warranted. III. Conclusion For the reasons described above…
…Depasquale, 443 U.S. 368, 378 (1979) (affirming New York Court of Appeals decision to exclude press from criminal suppression hearing). Trial judges are entrusted with an affirmative constitutional duty to minimize the effects of prejudicial pretrial publicity. See id…
…for truth”). Just as disclosure of pretrial suppression proceedings in criminal cases “enhances the basic fairness of the judicial process and the appearance of fairness that is essential to public confidence in the system,” In re N.Y. Times Co.…
…Times, the courts properly were concerned about the effect of unsealing materials notwithstanding that they were core judicial documents—audio tapes admitted into evidence at the merits trial and motion papers seeking suppression of evidence which the judge denied. And…
…simply because they might be offered against Ms. Maxwell in a criminal trial or might disadvantage her position in a pre-trial suppression motion.5 While Ms. Maxwell spends a considerable amount of time decrying the media attention that has…
…Maxwell’s ability to seek suppression (as she does in a series of motions filed today) will be compromised because the Government will argue that the release of the deposition transcript by this Court renders harmless any unconstitutional conduct by…
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