Epstein Secrets

Case 20-2413. Document 40. 08'20/2020. 2913550, Pagel of 74 20-2413 United States Court of Appeals for the Second Circuit Plaintlff-Appelke, —against— GHISLA1NE MAXWELL, Defendant-Appellant, SHARON CHURCHER, JEFFREY EPSTEIN, Respondents, JULIE BROWN, MIAMI HERALD M

terial should remain sealed to protect Ms. Maxwell's right to a fair trial by an impartial jury. U.S. CONST. amends. V, VI. The decision in Nixon a Warner Communications, Inc., 435 U.S. 589 (1978) shows why. In that case, members of the media moved the district court to release audio tapes admitted into evidence in the tr

other than plaintiff] who was 17 at this point." Id. 121. None of these questions and answers was used in the summary judgment papers or released by the Second Circuit. The transcript containing this testimony is sealed. 2. The Court should commence proceedings to vindicate the government and plaintiff's violation

nment had no ability legally to obtain the deposition transcripts. In Martindell v. International Telephone and Telegraph Corp., 594 F.2d 291, 293 (2d Cir. 1979), cited with approval in In re Teligent, Inc., 640 F.3d 53, 58 (2d Cir. 2011), the government moved in a civil action to which it was not a par

in deciding whether to unseal materials it was important to give weight to the impact on a criminal defendant's right to a fair trial. In Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978), a number of media moved the district court to release audio tapes admitted into evidence in the trial of four of President Ni

ep't of Justice, 312 F.3d 100, 106 (2d Cir. 2002), vacated and remanded, 541 U.S. 970, 124 S.Ct. 1874, 158 L.Ed.2d 464 (2004), aff'd, 380 F.3d 110 (2d Cir. 2004) (per curiam) (witnesses and third parties "possess strong privacy interests, because being identified as part of a law enforcement investigati

uments may be kept under seal if ... `higher values' in the First Amendment framework so demand."). Further, as the Supreme Court noted in Nixon v. Warner Communications, Inc., 435 U.S. at 589, 98 S.Ct. 1306, "courts have the power to insure that their records are not used to gratify private WESTLAW © 2018 Thomson Reuters