Epstein Secrets

s, 511 F.3d 289, 301 (2d Cir. 2007) (quoting United States v. Haynes, 398 F.2d 980, 984 (2d Cir. 1968) and United States v. Torres, 128 F.3d 38, 45 (2d Cir. 1997)). All types of bias can properly form the basis to excuse a juror for cause. See id. Thus, the jury selection process should screen for each

98 --- PAGE BREAK --- ARGUMENT I. THE APPLICABLE LAW A prospective juror may be excused for cause based on many forms of bias or partiality. As the Second Circuit has explained, juror partiality can be actual, implied, or inferred: Actual bias is "bias in fact," generally evidenced by "express proof," such as

s/ Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Christian R. Everdell COHEN & GRESSER LLP Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Attorneys for Ghislaine Maxwell 16 EFTA00011112

DENCE OBTAINED FROM THE GOVERNMENT'S SUBPOENA TO BOIES SCHILLER AND TO DISMISS COUNTS FIVE AND SIX Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303-831-7364 Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York,

es, and thirty-some depositions, including depositions of and Maxwell as well as several third parties. See Brown v. Maxwell, 929 F.3d 41, 46, 51 (2d Cir. 2019) (explaining that discovery was "hard-fought" and "extensive" and noting that the court file, which includes only some of the documents created

rs, and courts strictly enforce them. See, e.g., Stewart v. Hudson Hall LLC, 20 Civ. 885 (SLC), 2020 WL 7239676, at *2 (S.D.N.Y. Dec. 9, 2020) ("In the Second Circuit, there is a strict standard for modification of a protective order entered by a district court." (citation and quotation marks omitted)). This case

uit's acknowledgment that the retroactivity of the 2003 Amendment must be analyzed under Landgraf. Weingarten v. United States, 865 F.3d 48, 54-58 (2d Cir. 2017). 3 No Landgraf analysis was performed, nor was Congress' rejection of the retroactivity provision discussed, in United States v. Brown, 800 F

x, 527 U.S. 343, 355-57 (1999) (examining "structure and legislative history" as part of first Landgraf step). And as the government acknowledges, "the Second Circuit has considered both the text of the statute and the legislative history" at the first Landgraf step. Opp. 28 (citing In re Enterprise Mortgage Acce

pectfully submitted, Is/ Christian R. Everdell Christian R. Everdell COHEN & GRESSER LLP Phone: Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Phone: Bobbi C. Stemheim Law Offices of Bobbi C. Sternheim Phone: Attorneys for Ghislaine Maxwell 16 EFTA00028923 --- PAGE BREAK --- CERTIF

DENCE OBTAINED FROM THE GOVERNMENT'S SUBPOENA TO BOLES SCHILLER AND TO DISMISS COUNTS FIVE AND SIX Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Ghislaine Maxwell EFTA00028929 ---

that 'implies the duty of establishing and maintaining civilized standards of procedure and evidence.'" United States v. Ming He, 94 F.3d 782, 789 (2d Cir. 1996) (quoting McNabb, 318 U.S. at 340). As the Supreme Court held in United States v. Payner, "Federal courts may use their supervisory power in s

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00028953 --- PAGE BREAK --- reports were replete with misrepre

DENCE OBTAINED FROM THE GOVERNMENT'S SUBPOENA TO BOLES SCHILLER AND TO DISMISS COUNTS FIVE AND SIX Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Sternheim Attorneys for Ghislaine Maxwell EFTA00029100 --- PAGE BREAK --- Table of Content

that 'implies the duty of establishing and maintaining civilized standards of procedure and evidence.'" United States v. Ming He, 94 F.3d 782, 789 (2d Cir. 1996) (quoting McNabb, 318 U.S. at 340). As the Supreme Court held in United States v. Payner, "Federal courts may use their supervisory power in s

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00029124 --- PAGE BREAK --- reports were replete with misrepre

ER MOTION TO DISMISS COUNTS ONE THROUGH FOUR OF THE SUPERSEDING INDICTMENT FOR LACK OF SPECIFICITY Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Christian R. Everdell COHEN & GRESSER LLP Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim Attorneys for Ghislaine Maxwell EFTA00028974 ---

dates ranges for each count, stretching from approximately four days to four months. These date ranges are well within the boundaries permitted by the Second Circuit and other federal courts, and have been supplemented with additional details provided by the Government Id., at *4 (emphasis added). To date, the o