United States v. Melzer

Full title: UNITED STATES OF AMERICA v. ETHAN MELZER, Defendants.

Court: United States District Court, Southern District of New York

Date published: Jul 30, 2021

S1 20Cr.314 (GHW) (S.D.N.Y. Jul. 30, 2021)

Opinion

S1 20Cr.314 (GHW)

07-30-2021

UNITED STATES OF AMERICA v. ETHAN MELZER, Defendants.

GREGORY H. WOODS,United States District Judge

PROTECTIVE ORDER WITH RESPECT TO CERTAIN DISCOVERY

GREGORY H. WOODS,United States District Judge

This matter come before the on foe Government's motion (“Government Motion”), exhibits, and the declarations of various Government officials (collectively, the “Government Submission”). The Government Submission was filed ex parte, in camera, and though the Classified Information Security Officer on July 21, 2021.

The Government Submission sought a protective order, pursuant to Section 4 of the Classified information Procedures Act (“CIPA”) and Rule 16(d)(1) of the Federal Rules of Criminal Procedure, regarding disclosure of certain information. After ex parte, in camera consideration of foe Government Submission, this Court finds:

1. That the Government Submission contains and describes classified information that requires protection against unauthorized disclosure. that information is described with particularity in the Government Submission.

2. The head of foe department that has control of the classified information described in the Government Submission, after actual personal consideration, has lodged foe state secrets privilege with respect to that classified information.

3. Disclosure of the “Classified Materials”-as that tern is defined m the Government Submission-to the defense or the public could reasonably be expected to cause serious dage to the national security.

4. The Classified Materials are not discoverable under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, or Rule 16 of the Federal Rules of Criminal Procedure. In addition, the Classified Materials are not helpful to counter the government's case or bolster a defense, as required under United States v. Aref, 533 F.3d 72, 78 (2d Cir. 2008).

Accordingly, it is:

ORDERED that the Government Motion is granted, and the Classified Materials, as defined in the Government Motion and described herein, need not be disclosed to the defense; and it is farther

ORDERED that Government Submission is hereby sealed, and shall remain preserved in the custody of the Classified Information Security Officer, in accordance with established court security procedures, until farther order of this Court.

SO ORDERED.