Epstein Secrets

liated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim EFTA00099946 Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) Colorado v. Connelly, 51 479 U.S. 157 (1986) 139, 141, 142 Colorado v. Spring, 479 U.S. 564 (1987) 138 County of Sacramento v. Lewis, 523 U.S. 833 (1998) 152 Cr

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

and those which are merely difficult"). In short, the Fifth Amendment is only violated by "government misconduct" that is "coercive." Colorado v. Connelly, 479 U.S. 157,163 (1986); see also Oregon v. Elstad, 470 U.S. 298, 312 (1985) (Fifth Amendment prohibits "coercion" effected "by physical violence o

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

liated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim EFTA00077611 Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) Colorado v. Connelly, 51 479 U.S. 157 (1986) 139, 141, 142 Colorado v. Spring, 479 U.S. 564 (1987) 138 County of Sacramento v. Lewis, 523 U.S. 833 (1998) 152 Cr

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

and those which are merely difficult"). In short, the Fifth Amendment is only violated by "government misconduct" that is "coercive." Colorado v. Connelly, 479 U.S. 157, 163 (1986); see also Oregon v. Elstad, 470 U.S. 298, 312 (1985) (Fifth Amendment prohibits "coercion" effected "by physical violence

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

liated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim EFTA00039426 Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) Colorado v. Connelly, 51 479 U.S. 157 (1986) 139, 141, 142 Colorado v. Spring, 479 U.S. 564 (1987) 138 County of Sacramento v. Lewis, 523 U.S. 833 (1998) 152 Cr

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

and those which are merely difficult"). In short, the Fifth Amendment is only violated by "government misconduct" that is "coercive." Colorado v. Connelly, 479 U.S. 157, 163 (1986); see also Oregon v. Elstad, 470 U.S. 298, 312 (1985) (Fifth Amendment prohibits "coercion" effected "by physical violence

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

ank v. Affiliated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) 37 Colorado v. Connelly, 479 U.S. 157 (1986) 97, 98, 99 Colorado v. Spring, 479 U.S. 564 (1987) 97 County of Sacramento v. Lewis, 523 U.S. 833 (1998) Cruz v. Maypa,

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

and those which are merely difficult"). In short, the Fifth Amendment is only violated by "government misconduct" that is "coercive." Colorado v. Connelly, 479 U.S. 157, 163 (1986); see also Oregon v. Elstad, 470 U.S. 298, 312 (1985) (Fifth Amendment prohibits "coercion" effected "by physical violence

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

liated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim EFTA00103004 Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) Colorado v. Connelly, 51 479 U.S. 157 (1986) 139, 141, 142 Colorado v. Spring, 479 U.S. 564 (1987) 138 County of Sacramento v. Lewis, 523 U.S. 833 (1998) 152 Cr

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

and those which are merely difficult"). In short, the Fifth Amendment is only violated by "government misconduct" that is "coercive." Colorado v. Connelly, 479 U.S. 157, 163 (1986); see also Oregon v. Elstad, 470 U.S. 298, 312 (1985) (Fifth Amendment prohibits "coercion" effected "by physical violence

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