Scribd Logo
Upload

Welcome to Scribd!

  • Protective Order Grand Jury Testimony

    Uploaded by

    Daily Kos
    99 views6 pages
    This document is a motion filed by the United States requesting: 1) A protective order to govern discovery between the parties and disclose grand jury testimony. 2) An order allowing disclosure of grand jury testimony and related exhibits that are material to the defendant's discovery obligations. 3) The motion states that the government has reached out to defense counsel about the proposed protective order and was awaiting their position.

    Original Description:

    US request for protective order over grand jury testimony

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is a motion filed by the United States requesting: 1) A protective order to govern discovery between the parties and disclose grand jury testimony. 2) An order allowing disclosure of grand jury testimony and related exhibits that are material to the defendant's discovery obligations. 3) The motion states that the government has reached out to defense counsel about the proposed protective order and was awaiting their position.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    99 views6 pages

    Protective Order Grand Jury Testimony

    Uploaded by

    Daily Kos
    This document is a motion filed by the United States requesting: 1) A protective order to govern discovery between the parties and disclose grand jury testimony. 2) An order allowing disclosure of grand jury testimony and related exhibits that are material to the defendant's discovery obligations. 3) The motion states that the government has reached out to defense counsel about the proposed protective order and was awaiting their position.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 6

    Case 1:21-cr-00670-CJN Document 9 Filed 11/17/21 Page 1 of 2

    UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLUMBIA

    UNITED STATES OF AMERICA :


    : CRIMINAL NO. 21-cr-670
    v. :
    :
    STEPHEN K. BANNON, :
    :
    :
    Defendant. :

    MOTION FOR PROTECTIVE ORDER


    AND TO DISCLOSE GRAND JURY TESTIMONY

    To expedite discovery, which the government is prepared to produce as soon as a protective

    order is in place, the United States of America hereby respectfully moves the Court for the entry

    of a protective order governing the production of discovery by the parties in the above-captioned

    case. The United States reached out to counsel for the defendant on Monday, November 15, 2021,

    for the defendant’s position with respect to the proposed protective order. Counsel for the

    defendant was still considering the proposed order as of the time of this filing.

    In addition, the United States respectfully moves for entry by this Court of an order

    permitting the disclosure of testimony before the grand jury that returned the instant indictment

    and related exhibits insofar as such disclosure is necessary for the government to comply with its

    discovery obligations. Under Federal Rule of Criminal Procedure 6(e)(3)(E)(i), “[t]he court may

    authorize disclosure—at a time, in a manner, and subject to any other conditions that it directs—

    of a grand-jury matter: (i) preliminarily to or in connection with a judicial proceeding.” Rule

    6(e)(3)(F) provides certain requirements for a petition under Rule 6(e)(3)(E)(i), including that the

    petition be filed in the district where the grand jury convened and that the court “must afford a

    1
    Case 1:21-cr-00670-CJN Document 9 Filed 11/17/21 Page 2 of 2

    reasonable opportunity to appear and be heard to: (i) an attorney for the government; (ii) the parties

    to the judicial proceeding; and (iii) any other person whom the court may designate.” The

    government submits that the requirements of Rule 6(e)(3)(F) are satisfied by submission and

    resolution of this motion. The government further submits that such an order is appropriate

    because grand jury testimony in this case constitutes material to which the defendant is entitled as

    part of his discovery.

    Accordingly, the government respectfully requests an order entering the attached protective

    order and authorizing the disclosure of grand jury testimony to the defendant and his counsel. See

    Rule 6(e)(3)(E)(i).

    Respectfully submitted,

    MATTHEW M. GRAVES
    United States Attorney
    D.C. Bar No. 481052

    By: /s/ Amanda R. Vaughn


    J.P. Cooney (D.C. 494026)
    Molly Gaston (VA 78506)
    Amanda R. Vaughn (MD)
    Assistant United States Attorneys
    United States Attorney’s Office
    555 4th Street, N.W.
    Washington, D.C. 20530
    (202) 252-1793 (Vaughn)
    [email protected]

    2
    Case 1:21-cr-00670-CJN Document 9-1 Filed 11/17/21 Page 1 of 4

    UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLUMBIA

    UNITED STATES OF AMERICA :


    : CRIMINAL NO. 21-cr-670
    v. :
    :
    STEPHEN K. BANNON, :
    :
    :
    Defendant. :

    PROTECTIVE ORDER GOVERNING DISCOVERY AND AUTHORIZING


    DISCLOSURE OF GRAND JURY TESTIMONY

    To expedite the flow of discovery material between the parties and adequately protect

    personal identifying information entitled to be kept confidential, it is, pursuant to the Court’s

    authority under Fed. R. Crim. P. 16(d)(1), ORDERED:

    Grand Jury Testimony

    1. The United States may disclose the transcripts and related exhibits of witness

    testimony presented to the grand jury that returned the indictment in this case. These transcripts

    and related exhibits will be designated as sensitive material under the terms specified below.

    All Materials

    2. All materials provided by the United States in preparation for, or in connection

    with, any stage of this case (“the Materials”) are subject to this protective order (“Order”) and may

    be used by the defendant and defense counsel (defined as counsel of record in this case) solely in

    connection with the defense of this case, and for no other purpose, and in connection with no other

    proceeding, without further order of this Court.

    3. The defendant and defense counsel shall not disclose the Materials or their contents

    directly or indirectly to any person or entity other than persons employed to assist in the defense,
    Case 1:21-cr-00670-CJN Document 9-1 Filed 11/17/21 Page 2 of 4

    persons who are interviewed as potential witnesses, counsel for potential witnesses, and other

    persons to whom the Court may authorize disclosure (collectively, “Authorized Persons”).

    Potential witnesses and their counsel may be shown copies of the Materials as necessary to prepare

    the defense, but they may not retain copies without prior permission of the Court.

    4. The defendant, defense counsel, and Authorized Persons shall not copy or

    reproduce the Materials except in order to provide copies of the Materials for use in connection

    with this case by defendant, defense counsel, and Authorized Persons. Such copies and

    reproductions shall be treated in the same manner as the original. The defendant, defense counsel,

    and Authorized Persons shall not disclose any notes or records of any kind that they make in

    relation to the contents of the Materials, other than to Authorized Persons, and all such notes or

    records are to be treated in the same manner as the original.

    5. Before providing any of the Materials to an Authorized Person(s), defense counsel

    must provide the Authorized Person(s) with a copy of this Order.

    6. Upon conclusion of all stages of this case, all the Materials and all copies made

    thereof shall be destroyed or returned to the United States, unless otherwise ordered by the Court.

    The Court may require a certification as to the disposition of the Materials.

    7. The restrictions set forth in this Order do not apply to documents that are or become

    part of the public court record, including documents that have been received in evidence at other

    trials, nor do the restrictions in this Order limit defense counsel in the use of the Materials in

    judicial proceedings in this case, except as described below.

    Sensitive Materials

    8. The United States may produce materials containing personal identifying

    information as identified in Rule 49.1 of the Federal Rules of Criminal Procedure (“Sensitive
    Case 1:21-cr-00670-CJN Document 9-1 Filed 11/17/21 Page 3 of 4

    Materials”) to defense counsel, pursuant to the defendant’s discovery requests. Sensitive Materials

    shall be plainly marked as “Sensitive” by the United States prior to disclosure.

    9. Except as provided in this Order, without prior notice to the United States and

    authorization from the Court, no Sensitive Materials, or the information contained therein, may be

    disclosed to any persons other than the defendant, defense counsel, persons employed to assist the

    defense, or the person to whom the sensitive information solely and directly pertains.

    10. Sensitive Materials must be maintained in the custody and control of defense

    counsel. Defense counsel may show Sensitive Materials to the defendant as necessary to assist in

    preparation of the defense, but defense counsel may not provide a copy of Sensitive Materials to

    the defendant. Moreover, if defense counsel does show Sensitive Materials to the defendant,

    defense counsel may not allow the defendant to write down any personal identifying information

    as identified in Rule 49.1 of the Federal Rules of Criminal Procedure that is contained in the

    Sensitive Materials. If the defendant takes notes regarding Sensitive Materials, defense counsel

    must inspect those notes to ensure that the defendant has not copied down personal identifying

    information as identified in Rule 49.1 of the Federal Rules of Criminal Procedure.

    11. The parties may include designated Sensitive Materials in any public filing or use

    designated Sensitive Materials during any hearing or the trial of this matter without leave of the

    Court if personal identifying information is redacted in accordance with Fed. R. Crim. P. 49.1 and

    the local rules. No party shall disclose unredacted designated Sensitive Materials in open court or

    public filings without prior consideration by the Court (except if the defendant chooses to include

    in a public document Sensitive Materials relating solely and directly to the defendant). If a party

    includes unredacted Sensitive Materials in any filing with the Court, they shall be submitted under

    seal.
    Case 1:21-cr-00670-CJN Document 9-1 Filed 11/17/21 Page 4 of 4

    12. Any filing under seal must be accompanied by a motion for leave to file under seal

    as required by Local Rule of Criminal Procedure 49(f)(6)(i).

    Scope of this Order

    13. Modification Permitted. Nothing in this Order shall prevent any party from

    seeking modification of this Order or from objecting to discovery that it believes to be otherwise

    improper.

    14. No Waiver. The failure by the United States to designate any of the Materials as

    “Sensitive” upon disclosure shall not constitute a waiver of the United States’ ability to later

    designate the Materials as Sensitive.

    15. No Ruling on Discoverability or Admissibility. This Order does not constitute a

    ruling on the question of whether any particular material is properly discoverable or admissible

    and does not constitute any ruling on any potential objection to the discoverability of any material.

    SO ORDERED this _____ day of ____________________, 2021.

    _____________________________________
    THE HONORABLE CARL J. NICHOLS
    UNITED STATES DISTRICT JUDGE

    You might also like