Epstein Secrets

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

4 8. Unsealing of Maxwell's Depositions. 74 9. The New York Daily News Article 75 B. The Defendant's Suppression Motion Should Be Denied 76 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks 76 a. Applicable Law 76 b. Discussion 79 2. Maxwell's Fourth Amendment Claim Fails 8

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

e, and the Court's inherent authority. However, Maxwell's motion turns on erroneous facts, runs afoul of controlling law, and should be denied. 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks Maxwell argues that the Government "circumvented" the Second Circuit's decision in Martin

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

74 8. Unsealing of Maxwell's Depositions 74 9. The New York Daily News Article 75 B. The Defendant's Suppression Motion Should Be Denied 76 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks 76 a. Applicable Law 76 b. Discussion 79 2. Maxwell's Fourth Amendment Claim Fails 8

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

overnment's arguments for exceptional circumstances and compelling need as relying on "the general desire for secrecy" and "unpersuasive" under the Martindell standard. (Id. at 6). Judge Netbum concluded that "the Government must demonstrate not that this investigation is an extraordinary circumstance, but

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

74 8. Unsealing of Maxwell's Depositions 74 9. The New York Daily News Article 75 B. The Defendant's Suppression Motion Should Be Denied 76 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks 76 a. Applicable Law 76 b. Discussion 79 2. Maxwell's Fourth Amendment Claim Fails 8

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

overnment's arguments for exceptional circumstances and compelling need as relying on "the general desire for secrecy" and "unpersuasive" under the Martindell standard. (Id. at 6). Judge Netbum concluded that "the Government must demonstrate not that this investigation is an extraordinary circumstance, but

tie, et aL, 09 Cr. 558 (CM) 194 United States v. Drago, No., 18 Cr. 0394 59 United States v. Guerrier, 18 Cr. 284 (JSR) 194 United States v. Hester, No., 19 Cr. 324 141 United States v. Israel, 05 Cr. 1039 (CM) 194 United States v. Reeves, et aL, 16 Cr. 372 (VEC) 194 United States v. Ser

74 8. Unsealing of Maxwell's Depositions 74 9. The New York Daily News Article 75 B. The Defendant's Suppression Motion Should Be Denied 76 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks 76 a. Applicable Law 76 b. Discussion 79 2. Maxwell's Fourth Amendment Claim Fails 8

prove the offenses charted in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

uppression Motion Should Be Denied Maxwell seeks suppression of the evidence the Government obtained via a judicially authorized subpoena to under Martindell, the Fourth Amendment, Fifth Amendment, the Due Process clause, and the Court's inherent authority. However, Maxwell's motion turns on erroneous fa

) 269 United States v. Herbert, 698 F.2d 981 (9th Cir. 1983) 293 United States v. Hernandez, 85 F.3d 1023 (2d Cir. 1996) 242 United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702 (S.D.N.Y. June 26, 2020) 211 United States v. Heyward, No. 10 Cr. 84 (LTS), 2010 WL 4484642 (S.D.N.Y. Nov.

74 8. Unsealing of Maxwell's Depositions 74 9. The New York Daily News Article 75 B. The Defendant's Suppression Motion Should Be Denied 76 1. Martindell Provides No Basis to Grant the Relief the Defendant Seeks 76 a. Applicable Law 76 b. Discussion 79 2. Maxwell's Fourth Amendment Claim Fails 8

prove the offenses charged in Counts One through Four and those charged in Counts Five and Six with much of the same evidence. See United States v. Hester, No. 19 Cr. 324 (NSR), 2020 WL 3483702, at *21 (S.D.N.Y. June 26, 2020) ("Notably, the fact that evidence of the crime charged in one count may be a

overnment's arguments for exceptional circumstances and compelling need as relying on "the general desire for secrecy" and "unpersuasive" under the Martindell standard. (Id. at 6). Judge Netburn concluded that "the Government must demonstrate not that this investigation is an extraordinary circumstance, bu