giuffre-maxwell
gov.uscourts.nysd.447706.992.0
5 pg
…respect to such evidentiary and discovery
matters can cause substantial harm” and that such motions “are therefore of value to those
monitoring the federal court,” rendering them “subject to at least some presumption of public
access.” 929 F.3d at…
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.447706.996.0
14 pg
…The
paper’s value to “those monitoring the federal courts” would be “negligible,” id.,
since the federal court would have exercised no judicial authority in connection with
the paper.
3
Case 1:15-cv-07433-LAP Document 996 Filed…
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.447706.1237.0
20 pg
…See Amodeo,
71 F.3d at 1051.
Accordingly, given the public’s interest in monitoring the judicial functions overseeing this
case, that with important and national ramifications that have been widely reported in the media,
the deposition material should be…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…of the presumption of public access by evaluating “the role of the material at issue in the
exercise of the Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” United States v…
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.447706.1062.0
7 pg
…Record (19 Civ. 3377 (LAP))
3
This highlights yet another issue regarding Dershowitz’s request – namely, that he
provides no suggestion as to how the host of interested parties in Maxwell may monitor and, as
necessary, object to Dershowitz’s…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-LAP
16-3945, Document
Document
315-2, 08…
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.447706.955.0
43 pg
…presumption of access, which is a function of "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." See id.; Stern 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
gov.uscourts.nysd.447706.406.0
31 pg
…of access. “[T]he presumption of access must be 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. Generally…
giuffre-maxwell
gov.uscourts.nysd.447706.1010.0
3 pg
…access that should be accorded it. The
weight accorded a judicial document depends upon its role “in the exercise of
Article III judicial power and the resultant value of such information to those
monitoring the federal courts.” Id. at 49…
giuffre-maxwell
gov.uscourts.nysd.447706.604.0
11 pg
…s plight. However, when the Article III power
of the Court is invoked, “access to testimony and documents” makes monitoring necessary to
instill in the public “confidence in the conscientiousness, reasonableness, or honesty of judicial
proceedings.” United States v. Amodeo…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-RWS
18-2868, DocumentDocument
217-1, 07/03…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…2d Cir. 2017)
(explaining that, in considering whether the report of a monitor charged with
assessing compliance with a deferred prosecution agreement is a judicial
14
Case
Case
1:15-cv-07433-LAP
18-2868, DocumentDocument
273-2, 08/09…
giuffre-maxwell
gov.uscourts.nysd.447706.993.0
28 pg
…2019). Because “erroneous judicial
decision-making with respect to such evidentiary and discovery matters can cause substantial
harm,” the documents are “of value ‘to those monitoring the federal courts’” and “subject to at
least some presumption of public access.” Id…
giuffre-maxwell
gov.uscourts.nysd.447706.944.0
11 pg
…of that presumption; that
determination 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.” Id. The information generally…
giuffre-maxwell
gov.uscourts.nysd.447706.936.0
21 pg
…that the weight of the presumption
is a function of: "(1) the role of the material at issue in the exercise of Article III judicial power
and (2) the resultant value of such information to those monitoring the federal courts…
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