EPSTEIN
page 5 / 1108 . OCR, unverified
high-profile criminal cases and/or those with sensitive issues central to a case that could reflect a juror’s
bias or potential for extraneous issues being brought into jury deliberations, the impact of inaccurate
answers to questions asked to expose potential bias for further questioning and the exercise of strikes,
whether and when a court should consider the deliberateness in a potential juror providing inaccurate
information and the process by which such issues should be explored once they have been disclosed.
In support of this request to file a brief amicus curiae, proposed amici state the following:
1. NACDL is a nonprofit voluntary professional bar association made up of and working on
behalf of criminal defense attorneys to ensure justice and due process for those accused of crime or
misconduct.
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2, NACDL was founded in 1958. It has a nationwide membership of approximately 10,000
direct members in 28 countries, and 90 state, provincial and local affiliate organizations totaling
approximately 40,000 attorneys. NACDL’s members include private criminal defense lawyers, public
defenders, military defense counsel, law professors, and judges.
3. NACDL files numerous amicus briefs each year in the Supreme Court, the Second Circuit
Court of Appeals, and other courts, seeking to provide amicus assistance in cases that present issues of
broad importance to criminal defendants, criminal defense lawyers, and the criminal justice system as a
whole.
4. “Federal courts have discretion to permit participation of amici where such participation
will not prejudice any party and may be of assistance to the court.” Strougo v. Scudder, Stevens & Clark,
Inc., 1997 WL 473566 (S.D.N.Y. Aug. 18, 1997) (citing Vulcan Soc’y of NYC Fire Dep’t, Inc. v. Civil
Serv. Comm'n, 490 F.2d 387, 391 (2d Cir. 1973)); see also Auto Club of NY, Inc. v Port Auth. Of New
York, 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011) (“The usual rationale for amicus curiae
submissions is that they are of aid to the court and offer insights not available from the parties.”)
We, therefore, respectfully request that the Court grant leave to file a brief amicus curiae on
these important constitutional questions. Counsel for Defendant consent to the filing of this amicus brief.
Counsel for the DOJ was called and emailed for its position on February 9, 2022 but has not yet responded.
Because the motion for a new trial based on juror misconduct is currently under seal, amici proposes that
the Court allow for such brief to be filed within two weeks from the time the Court rules on and provides
whatever filings or parts of filings that will become public. If the Court does not unseal any additional
information, amici will file a brief using information that is available in the public record.
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Respectfully,
/s/ Abbe David Lowell
Abbe David Lowell (NY Bar # 2981744)
(Admitted to SDNY on 04/17/2001 # AL2981)
Winston & Strawn LLP
1901 L Street NW
Washington, DC 20036
ADLowell@winston.com
(202) 282-5875
Christopher D. Man (Not admitted to NY State Bar)
Winston & Strawn LLP
1901 L Street NW
Washington, DC 20036
CMan@winston.com
(202) 282-5622
Joel B. Rudin (NY Bar # 1068618)
(Admitted to SDNY on 05/21/1979 # JR5645)
Vice Chair, Amicus Curiae Committee, National
Association of Criminal Defense Lawyers
Law Offices of Joel B. Rudin, P.C. 600 Fifth
Avenue, 10" Floor
New York, New York 10020
jbrudin@rudinlaw.com
(212) 752-7600
cc: counsel for all parties (via email)
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Case 1:20-cr-00330-PAE Document598 Filed 02/11/22 Pagelof2
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007
February 11, 2022
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
Foley Square
New York, New York 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)