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t as the Government explained, even if this Court 6 EFTA00071593 Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 11 of 25 does not follow the Tenth Circuit's per se rule and instead applies a more practical approach, the documents at issue were still compiled for law enforcement purposes. See BOP MOL at 8
criminal proceedings. Plaintiff's argument that disclosure pursuant to a protective order would foreclose any possible interference with Noel, see P. MOL at 13, incorrectly conflates disclosure to criminal defendants pursuant to a protective order with public disclosure under FOIA. The Capone Declara
t as the Government explained, even if this Court 6 EFTA00088614 Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 11 of 25 does not follow the Tenth Circuit's per se rule and instead applies a more practical approach, the documents at issue were still compiled for law enforcement purposes. See BOP MOL at 8
criminal proceedings. Plaintiff's argument that disclosure pursuant to a protective order would foreclose any possible interference with Noel, see P. MOL at 13, incorrectly conflates disclosure to criminal defendants pursuant to a protective order with public disclosure under FOIA. The Capone Declara
t as the Government explained, even if this Court 6 EFTA00099607 Case 1:20-cv-00833-PAE Document 41 Filed 01/15/21 Page 11 of 25 does not follow the Tenth Circuit's per se rule and instead applies a more practical approach, the documents at issue were still compiled for law enforcement purposes. See BOP MOL at 8
criminal proceedings. Plaintiff's argument that disclosure pursuant to a protective order would foreclose any possible interference with Noel, see P. MOL at 13, incorrectly conflates disclosure to criminal defendants pursuant to a protective order with public disclosure under FOIA. The Declarations e
Entities connected to both the Tenth Circuit's and P. MOL

Jeffrey Epstein
PERSON
United States
LOCATIONNicholas Tartaglione
PERSON
THE NEW YORK TIMES COMPANY
ORGANIZATION
Audrey Strauss
PERSONthe Southern District
LOCATIONTova Noel
PERSON
Hopkins
ORGANIZATIOND.C. Cir
ORGANIZATIONNat'l Aeronautics & Space Admin
ORGANIZATIONRadcliffe
PERSONGarcia
PERSONJudicial Watch, Inc.
ORGANIZATIONRobbins Tire & Rubber Co.
ORGANIZATIONFavish
PERSONChristenson
PERSONthe Acting United States
ORGANIZATIONHomeland Sec
ORGANIZATION
Doherty
PERSON
The New York Times
ORGANIZATION