Epstein Secrets

plained in its Order, a defendant seeking material pursuant to a Rule 17(c) subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). Pursuant to that standard, a Rule 17(c) subpoena "should not issue unless it meets three criteria: `(1) relevancy, (2) admiss

al without such production,' and that `the application is made in good faith and is not intended as a general "fishing expedition. United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (quoting Nixon, 418 U.S. at 699-700), abrogated on other grounds as recognized by United States v. Chambers, 751 F.

subpoena should be quashed.' I. Applicable Law As the defendant acknowledges, she bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party seeking issuance of [a Rule 17(c)] subpoena must clear three hurdles:

r them, as discussed above. EFTA00090229 Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For the foregoing reasons, the Court should quash the

glio material well in advance of trial, and the defense has provided no particularized basis for even earlier disclosure here. See United States v. Nixon, 418 U.S. 683, 701 (1974) ("Generally, the need for evidence to impeach witnesses is insufficient to require its production in advance of trial.");

ly three to four weeks before trial. E.g., Gatto, 17 Cr. 686 (LAK); Blaszczak, 17 Cr. 357 (LAK); Skelos, 15 Cr. 317 (KMW); Silver, 15 Cr. 93 (VEC); Ulbricht, 14 Cr. 68 (KBF). As the Government has noted for some time now, the Government intends to match or even go above and beyond that practice in this c

150 United States v. Nemesian, 824 F.2d 1294 (2d Cir. 1987) 154 United States v. Nitsche, 843 F. Supp. 2d 4 (D.D.C. 2011) 136 United States v. Nixon, 418 U.S. 683 (1974) 190 United States v. Noble, No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 112 United States v. Okwumabua,

rael, 05 Cr. 1039 (CM) 194 United States v. Reeves, et aL, 16 Cr. 372 (VEC) 194 United States v. Serrano, No., 13 Cr. 58 88 United States v. Ulbricht, No., 14 Cr. 68 83 United States v. Vickers, 13 Cr. 128 154 United States v. Wedd, 15 Cr. 616 179 xxv EFTA00095092 UNITED STATES DISTRICT

glio material well in advance of trial, and the defense has provided no particularized basis for even earlier disclosure here. See United States v. Nixon, 418 U.S. 683, 701 (1974) ("Generally, the need for evidence to impeach witnesses is insufficient to require its production in advance of trial.");

fore trial. E.g., Gatto, 17 Cr. 686 (LAK); Blaszczak, 17 Cr. 357 (LAK); Skelos, 15 Cr. 317 (KMW); Levin, 15 Cr. 101 (KBF); Silver, 15 Cr. 93 (VEC); Ulbricht, 14 Cr. 68 (KBF). As the Government has noted for some time now, the Government intends to match or even go above and beyond that practice in this c

per credited with bringing down President Richard Nixon in the Water- @ gate scandal. @ Poitras, as the

Libertarian who wore a Ron Paul T-shirt, as a website where “people could buy anything anonymously, with no trail whatsoever that led back to them.” (Ulbricht received a life sentence for running this criminal enterprise in May 2015.) Tor software was also employed by Private Bradley Manning (now Chelsea M

per credited with bringing down President Richard Nixon in the Watergate scandal. Poitras, as the go-bet

rian who wore a Ron Paul t-shirt, “to create a website where people could buy anything anonymously, with no trail whatsoever that led back to them.” (Ulbricht received a life prison sentence for running this criminal enterprise in May 2015.) To eradicate the Internet trail, Silk Road employed TOR software.

subpoena should be quashed.' I. Applicable Law As the defendant acknowledges, she bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party seeking issuance of [a Rule 17(c)] subpoena must clear three hurdles:

g the subpoena must also show that the "the application is made in good faith and is not intended as a general fishing expedition." United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (quoting Nixon, 418 U.S. at 699-700) (internal quotation marks omitted), abrogated on other grounds as recognized

above. EFTA00010124 --- PAGE BREAK --- Page 8 rule as a discovery device." United States v. Cuthbertson, 630 F.2d 139, 144 (3d Cir. 1980); see Ulbricht, 858 F.3d at 109. Such an expedition is precluded by Nixon. 418 U.S. at 700. III. Conclusion For the foregoing reasons, the Court should quash the

plained in its Order, a defendant seeking material pursuant to a Rule 17(c) subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683 (1974). Pursuant to that standard, a Rule 17(c) subpoena "should not issue unless it meets three criteria: `(1) relevancy, (2) admiss

al without such production,' and that `the application is made in good faith and is not intended as a general "fishing expedition. United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (quoting Nixon, 418 U.S. at 699-700), abrogated on other grounds as recognized by United States v. Chambers, 751 F.

o, No. 19 Cr. 472 (PAC), 2021 WL 980004, at *2 (S.D.N.Y. Mar. 16, 2021) (citing Bowman Data, Co., 341 U.S. at 220 (1951)); see also United States v. Ulbricht, 858 F.3d 71, 109 (2d Cir. 2017) (explaining that the rule "allows parties to subpoena documents and objects to be introduced at criminal trials"),

bly to delay the trial; and (4) that the application is made in good faith and is not intended as a general "fishing expedition." United States v. Nixon, 418 U.S. 683, 699-700 (1974) (footnote omitted); see United States v. Skelos, 988 F.3d 645, 661 (2d Cir. 2021) (affirming a decision to quash subpo