Epstein Secrets

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

substitute for Fourth Amendment jurisprudence, which adequately safeguards against unlawful searches and seizures.' Lambus, 897 F.3d at 401 (quoting Ming He, 94 F.3d at 792); see also United States v. Payner, 447 U.S. 727, 737 (1980) ("the supervisory power does not extend so far" as to "confer on the j

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

substitute for Fourth Amendment jurisprudence, which adequately safeguards against unlawful searches and seizures.' Lambus, 897 F.3d at 401 (quoting Ming He, 94 F.3d at 792); see also United States v. Payner, 447 U.S. 727, 737 (1980) ("the supervisory power does not extend so far" as to "confer on the j

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

substitute for Fourth Amendment jurisprudence, which adequately safeguards against unlawful searches and seizures.' Lambus, 897 F.3d at 401 (quoting Ming He, 94 F.3d at 792); see also United States v. Payner, 447 U.S. 727, 737 (1980) ("the supervisory power does not extend so far" as to "confer on the j

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

bstitute for Fourth Amendment jurisprudence, which adequately safeguards against unlawful searches and seizures.'" Lambus, 897 F.3d at 401 (quoting Ming He, 94 F.3d at 792); see also United States v. Payner, 447 U.S. 727, 737 (1980) ("the supervisory power does not extend so far" as to "confer on the j

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

substitute for Fourth Amendment jurisprudence, which adequately safeguards against unlawful searches and seizures.' Lambus, 897 F.3d at 401 (quoting Ming He, 94 F.3d at 792); see also United States v. Payner, 447 U.S. 727, 737 (1980) ("the supervisory power does not extend so far" as to "confer on the j

, 22, 25, 26 United States v. Falso, 544 F.3d 110 (2d Cir. 2008) 22 United States v. Lambus, 897 F.3d 368 (2d Cir. 2018) 23, 25 United States v. Ming He, 94 F.3d 782 (2d Or. 1996) 20 United States v. Paredes-Cordova, No. SI 03 CR. 987DAB, 2009 WL 1585776 (S.D.N.Y. June 8, 2009) 25 ii EFTA0002893

overnment's investigation in this case was occasioned by Boies Schiller—a point to which I will return later in this opinion." Mot. Ex. G, p 12. 20 Martindell v. Intl Tel. & Tel. Corp., 594 F.2d 291 (2d Cir. 1979). 18 EFTA00028951 --- PAGE BREAK --- Judge McMahon "returned" to that point when discussin