giuffre-maxwell
gov.uscourts.nysd.447706.1305.0
4 pg
…s identity, failing to “include a ‘particularized’ or ‘individualized’ review” of materials to balance
the public’s interest in monitoring federal courts’ exercise of their powers against “countervailing
private interests,” and “failing to consider international comity.” Doe 171 Br. at…
giuffre-maxwell
gov.uscourts.nysd.447706.1123.0
2 pg
…concerns may be help explain
the Doe 1 email. These two Does cannot properly formulate their objections or non-
objections until they have had a chance to review the excerpts mentioning them. For example,
they don’t really know how…
giuffre-maxwell
gov.uscourts.nysd.447706.1143.0_1
2 pg
…order explaining
that the Court is “amenable to unsealing portions of documents mentioning non-parties rather than
waiting to unseal the entirety of a given document until all non-parties have provided input” and
that [t]his will hopefully allow…
giuffre-maxwell
gov.uscourts.nysd.447706.1215.0
13 pg
…case. The Court should not allow such callous abuse of a First Amendment right,
particularly as there is no merit to Dershowitz’s claim (Br. at 21) that ‘public monitoring has an
important role to play here.’” Id. at 19…
giuffre-maxwell
gov.uscourts.nysd.447706.1320.28
32 pg
…Maxwell
anticipates more extensive briefing on this issue in support of Mr. Epstein’s Motion to Quash, a
few facts bear mentioning here:
x Ms. Maxwell was the employee of Mr. Epstein --in the 1990s -- not the other way
around…
giuffre-maxwell
gov.uscourts.nysd.447706.1111.0
69 pg
…14
great weight is given to documents that are material to particular judicial decisions and thus
critical to ‘determining litigants’ substantive rights -- conduct at the heart of Article III -- and . . .
public monitoring of that conduct.’” All Funds, 643 F. Supp…
giuffre-maxwell
gov.uscourts.nysd.447706.1008.0
5 pg
…589, 597 (1978)).
Monitoring judicial inaction is as important to the administration of justice and judicial
accountability as monitoring judicial opinions. Allowing the public to access motions and papers
that a court has failed to decide (or even consider) holds…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.14
32 pg
…was advising Ms.
Giuffre about how to maximize her payments for selling her story, first
raised the idea of mentioning Professor Dershowitz in connection with the
alleged abuse, despite the fact that there was “no proof” that he was
involved…
giuffre-maxwell
gov.uscourts.nysd.447706.1211.0_1
5 pg
…It is, nevertheless, important to the public’ interest in
monitoring federal court’s exercise of their Article II powers
that the public reviews the documents.”) 6-7; (“Public access to
certain parts of this transcript is outweighed by Ms. Maxwell…
giuffre-maxwell
gov.uscourts.nysd.447706.1220.0
17 pg
… It is,
2 nevertheless, important to the public's interest in monitoring
3 federal courts' exercise of their Article 3 powers. The Court
4 keeps this somewhat less substantial public presumption in mind
5 in determining whether it is outweighed…
giuffre-maxwell
gov.uscourts.nysd.447706.1289.0
3 pg
…3
Finally, Doe 171 asks that the Court redact portions of the November 18, 2022, hearing
transcript—specifically the positions mentioning her. There is no basis, however, for sealing the
transcript to a public hearing that was attended by several…
giuffre-maxwell
gov.uscourts.nysd.447706.1256.12
32 pg
…Maxwell
anticipates more extensive briefing on this issue in support of Mr. Epstein’s Motion to Quash, a
few facts bear mentioning here:
Ms. Maxwell was the employee of Mr. Epstein --in the 1990s -- not the other way
around…
giuffre-maxwell
gov.uscourts.nysd.447706.1213.0
18 pg
…criminal proceedings, Maxwell instead
criticizes the court-ordered unsealing process generally, claiming that the unsealing process has
been weaponized against her and that the media has not “served the function of ‘monitoring the
federal courts.’” Maxwell Br. at 2. Maxwell…
giuffre-maxwell
gov.uscourts.nysd.447706.1325.12
15 pg
…yeah, I remember
24 someone mentioning about being in a sexual abuse
25 trial or something, some kind of sexual abuse thing.
STEVEN W OLSON 5/26/2016 39
Case 1:15-cv-07433-LAP Document 1325-12 Filed…
giuffre-maxwell
gov.uscourts.nysd.447706.1218.50
15 pg
…Ms. Giuffre
attempts no rejoinder to the reasoning of Mokhiber and its progeny: that modern discovery
motions are core judicial processes that “may prove decisive to the outcome of particular
disputes” and therefore must be open to public monitoring. Mokhiber…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…such
3
Case 1:15-cv-07433-LAP Document 995 Filed 10/02/19 Page 5 of 11
evidentiary and discovery matters can cause substantial harm. Such materials are
therefore of value to those monitoring the federal courts. Thus…
giuffre-maxwell
gov.uscourts.nysd.447706.1161.0_1
17 pg
…s victims.
Separately, the Court shall provide to the USVI a copy of a
prior order, docketed under seal, explaining why the Court-ordered
disclosure to Mr. Dershowitz of materials mentioning him (See
Order, dated Sept. 9, 2020 [dkt. no…
giuffre-maxwell
gov.uscourts.nysd.447706.364.0
32 pg
…weight afforded to the presumption of access is “governed by the role of the material at issue
in the exercise of Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” Lugosch v…
giuffre-maxwell
gov.uscourts.nysd.447706.946.0_1
14 pg
…marks omitted).
This presumption is grounded in principles of transparency and government
accountability. As recognized by the Second Circuit:
[P]rofessional and public monitoring is an essential feature of
democratic control. Monitoring both provides judges with critical
views of their…
giuffre-maxwell
1320-28
32 pg
…Maxwell
anticipates more extensive briefing on this issue in support of Mr. Epstein’s Motion to Quash, a
few facts bear mentioning here:
x Ms. Maxwell was the employee of Mr. Epstein --in the 1990s -- not the other way
around…
Comments