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hat is, "relevant to the performance of the judicial function and useful in the judicial process," and that's from the Second Circuit's decision in Bernstein v Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 139, quoting from an earlier Second Circuit's decision in a case called Lugosch v Pyram
Page: EFTA00017112 →n item is a judicial document, then the public has a presumptive right of access to it under both the common law and the First Amendment. Also from Amodeo. The purpose of this right is to ensure that courts are held accountable and that the public has "confidence in the administration of EFTA00017112
Page: EFTA00017112 →ent or a letter with the court by itself doesn't render such a document a judicial document. That's from the Second Circuit's decision in US versus Amodeo, 44 F.3d 141, 145. But if an item is a judicial document, then the public has a presumptive right of access to it under both the common law and th
Page: EFTA00017112 →4 See United States v. HSBC Bank USA, N.A., 863 F.3d 125 (2d Cir. 2017) (noting discovery documents lie beyond the presumption of public access); Bernstein v. Bernstein Litowitz Berger & Grossmann UP, 814 F.3d 132 (2d Cir. 2016) (weighing value of public disclosure of complaint against privacy interests
Page: EFTA00020559 →r district court to edit and redact judicial document to allow access to appropriate portions after weighing competing interests); United States v. Amodeo. 71 F.3d 1044 (2d Cir. 1995) ("Amodeo 11") (presumption of access afforded to particular document filed with court varies with document's relevance
Page: EFTA00020559 →Inc., 121 F.3d 818 (2d Cir. 1997) (sealing file pursuant to confidentiality agreement between parties was not abuse of discretion); United States v. Amodeo, 44 F.3d 141 (2d Cir. 1995) ("Amodeo I") (finding it proper for district court to edit and redact judicial document to allow access to appropriate p
Page: EFTA00020559 →erial at issue in the exercise of Article III judicial power" and "the resultant value of such information to those monitoring the federal courts." Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 142 (2d Cir. 2016) (citation and internal marks omitted). Once the right of access atta
Page: EFTA00017096 →dence, a "judicial document" is an item "relevant to the performance of the judicial function and useful in the judicial process." United States v. Amodeo, 44 F.3d 141, 145 (2d Cir. 1995). A common law presumption of access attaches to any judicial document, and an additional First Amendment right ari
Page: EFTA00017096 →ted States v. Wood, 299 U.S. 123 (1936) 29, 37 Wainwright v. Witt, 469 U.S. 412 (1985) 28, 43 Warth v. Seldin, 422 U.S. 490 (1975) 52 Wright v. Bernstein, 23 N.J. 284 (1957) 46 vi EFTA00155906 Constitutional Provisions U.S. Amend. VI 21, 22 Rules Fed. R. Civ. P. 12 53, 54 Fed. R. Crim. P. 24
or not to enter [a] protective order"). The fact that Juror No. 50 filed these pleadings does not make them "judicial documents." United States v. Amodeo ("Amodeo I'), 44 F.3d 141, 145 (2d Cir. 1995) ("We think that the mere filing of a paper or document with the court is insufficient to 54 EFTA0015
Entities connected to both Bernstein and Amodeo

Jeffrey Epstein
PERSON
Prince Andrew
PERSON
Julie K. Brown
PERSON
Virginia Giuffre
PERSON
Ghislaine Maxwell
PERSON
Department of Justice
ORGANIZATION
Donald Trump
PERSON
Colorado
LOCATION
Scarlett Johansson
PERSONThe New York Post
ORGANIZATION
George W. Bush
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United States
LOCATIONFBI
ORGANIZATION
Michael Cohen
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Nelson
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Denver
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Robert Mueller
PERSONSecond Circuit
ORGANIZATION
New York Daily News
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Lugosch
PERSON