Case Document Filed Page of In re Craig 3d at see also id at The discretion of a trial court in deciding whether to make public the ordinarily secret proceedings of a grand jury investigation is one of the broadest and most sensitive exercises of careful judgment that a trial judge can make The Second Circuit has identified the following factors for district comis to weigh where considering applications for disclosure the identity of the party seeking disclosure whether the defendant to the grand jury proceeding or the Government opposes the disclosure why disclosure is being sought in the particular case what specific information is being sought for disclosure how long ago the grand jury proceedings took place the current status of the principals of the grand jury proceedings and that of their families the extent to which the desired material has been previously made public whether witnesses to the grand jury proceedings who might be affected by disclosure are still alive and whether there is an additional need for maintaining secrecy in the particular case in question Id at capitalization altered see also Laws Comm.for Inquiry Inc Garland F.4th 2d Cir affirming district comis application of those factors Other circuits have taken a much narrower view ofa district courts authority See e.g McKeever Barr F.3d D.C Cir cert denied Ct Pitch United States F.3d 11th Cir en bane United States McDougal F.3d 8th Cir In re Grand Jury F.2d 6th Cir Case Document Filed Page of The Governments motion does not adequately address these factors The Court accordingly directs the Government to file a memorandum of law no later than Tuesday July addressing with specificity these factors The memorandum of law is to be no more than pages double spaced In light of grand jury secrecy and victim-related issues and other personal identifying information concerns the Government is directed to file on the public record a redacted version and to file under seal the memorandum in unredacted form The Coutt also directs the Government to state in the memorandum whether before filing the instant motion counsel for the Government reviewed the Epstein grand jury transcripts and whether the Government provided notice to the victims of the motion to unseal Following the Courts ruling on the Governments motion the Coutt will invite the Governments input as to whether and to what extent these redactions are warranted Grand jmy transcripts The Court has not received the grand jury transcripts that the Government seeks to unseal The Court directs the Government to submit to the Court under seal the following materials no later than Tuesday July I an index of Epstein grand jury transcript materials including a brief summary the number of pages and dates a complete set of Epstein grand jury transcripts a complete proposed redacted set of Epstein grand jury transcripts i.e the transcripts in the form that the Government proposes to release them and a description of any other Epstein grand jury materials including but not limited to exhibits Submission from Epsteins Representative The Coutt has not received any letter on behalf of deceased defendant Epstein setting out any position vis-a-vis the proposed disclosure Any such letter is due on or before Tuesday August Submission from Victims The Government may not have notified the victims And the Coutt has not received any letters on behalf of the victims setting out their positions on grand Case Document Filed Page of jury disclosure Any such letters are due on or before Tuesday August See Govt Motion at I This is a page undated unsigned U.S Department of Justice and Federal Bureau of Investigation memo According to the Government Epstein harmed over one thousand victims Each suffered unique trauma Sensitive information relating to these victims is intertwined throughout the materials This includes specific details such as victim names and likenesses physical descriptions places ofbiith associates and employment history SO ORDERED Dated New York New York July Jlf RICHARD BERMAN U.S.D.J
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