MC — I can join you for a call on Manley’s letter. I put together the start of a letter (attached) based on your notes in the calendar invite and some other additions, but of course I imagine this may change based on our convo with counsel.¶
Thanks for reaching out. We probably are best served by sending you our position on defense disclosures by email. We should be able to send that by Friday and can schedule a time to talk thereafter if you wish, with an eye towards the joint filing on Monday.¶
We will confer with the team on the Speedy Trial issue and also get back to you on that.¶
Lastly, do you want to discuss anything regarding Mr. Manley’s application to the Court? I believe we are to discuss and then you are to write the Court by Friday. I am free tomorrow afternoon to discuss if you wish.¶
Subject: US v. Maxwell, 20 Cr. 330 (AJN) - meet and confer¶
Counsel,¶
Per Judge Nathan’s Order (docket number 250), is there a time this week when you would be available for a call to meet and confer regarding a proposed schedule for defense disclosure of witness statements pursuant to Rule 26.2? Or if you would prefer to confer by email, would you please let us know your position?¶
Additionally, we intend to submit a letter to Judge Nathan requesting that time under the Speedy Trial Act be excluded through the date the Court intends to set for trial of Counts One through Six of the 52 Indictment. Although Judge Nathan previously excluded time through July 12, 2021, she has not reissued such an order since the return of the 52 Indictment, and, of course, the date of trial may change. We therefore intend to seek a clarifying order excluding time, both in light of the still-pending suppression motion, which automatically excludes time, and in the interests of justice to allow for trial preparation. Would you please let us know whether you consent to the exclusion?¶
Thank you,¶
Assistant United States Attorney Southern District of New York¶