Case 1:20-cr-00330-PAE Document 315 Filed 07/30/21 Page 1 of 3 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC It: DATE FILED:7/30/21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, —v— 20-CR-330 (AJN) Ghislaine Maxwell, ORDER Defendant. ALISON J. NATHAN, District Judge: The Government has moved for an order requiring David Markus to comply with Local Criminal Rule 23.1 following an op-ed that he authored opining on the merits of this pending case. Dkt. No. 309. Mr. Markus is plainly a lawyer associated with the defense in this case. His formal representation has involved handling at least one pre-trial issue for Ms. Maxwell—in particular, appeals to the Second Circuit of this Court's bail-denial determinations. Dkt. No. 173; see also United States v. Maxwell, Nos. 21-58-cr(L), 21-770-cr (2d Cir.). Beyond that, he has held himself out as Ms. Maxwell's attorney in press related to the current trial stage, including in the op-ed at issue in the Government's letter application, which describes him as "Maxwell's appellate counsel." He has also attended a proceeding in this matter and spoken on Ms. Maxwell's behalf to the press afterwards while identified as Ms. Maxwell's attorney. See Stephen Rex =, Ghislaine Maxwell Makes First In-Person NYC Court Appearance, N.Y. Daily News (Apr. 23, 2021), https://www.nydailynews.com/new-york/ny-ghislaine-maxwellarraignment-20210423-b3aza5eh7bddna7r247px2yb7e-story.htrnl. Nevertheless Mr. Markus argues that he is not subject to Rule 23.1 because he does not currently represent Ms. Maxwell in any proceedings and has not made an appearance in this 1 EFTA02832800