Case 1:20-cr-00330-PAE BSF Document 247 Filed 04/23/21 Page 1 of 17 BOIES SCHILLER FLEXNER Sigrid S. McCawley Telephone: (954) 377-4223 Email: [email protected] April 5, 2021 VIA EMAIL (FILED UNDER TEMPORARY SEAL1 The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Rule 17 Subpoena to Boies Schiller Flexner LLP Dear Judge Nathan: I write on behalf of Boies Schiller Flexner LLP ("BSF") in further support of its objections to Defendant Ghislaine Maxwell's motion for an order authorizing a subpoena to BSF pursuant to Rule I7(c) of the Federal Rules of Criminal Procedure (the "Subpoena"),I As the Defendant's response makes clear, she seeks to serve a Rule 17 subpoena on BSF because she is dissatisfied with the Government's discovery efforts thus far. Thus, she is using Rule 17 to attempt to obtain discovery that she has been unable to obtain from the Government under Rule 16 and Brady, including discovery that is subject to a pending motion before the Court. This is an improper use of a Rule 17 subpoena. If the Defendant believes that the Government has not fulfilled its discovery obligations under Rule 16, Brady, or Giglio, she must address that issue with the Government and the Court rather than serving overbroad and burdensome subpoenas on third parties. And if the Defendant is not entitled to the discovery she seeks from the Government, then The Defendant refers to BSF's objections as a "motion to quash," but the Court has not yet granted Defendant's motion to authorize the Subpoena to BSF. BSF thus requests that the Defendant's motion to authorize the Subpoena be denied. BOIES SCHILLER FLEXNER LLP 401 Eost Los O1os Boulevord. Suite 1200. Fort Louderdoie. FL 33301 1 (t) 954 356 0011 1 (f) 954 356 0022 I www ['snip corn EFTA02831839