Filing 6

SUPPLEMENTAL PRIVACY ACT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/26/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

In re: Subpoena Duces Tecum to U.S. Attorney’s Office
for the Southern District of New York in People of the
State of New York, Index No. 71543-23 (Sup. Ct. N.Y.
Cnty.)

24 MC 97 (JMF)

[PROPOSED] SUPPLEMENTAL PRIVACY ACT AND PROTECTIVE ORDER
WHEREAS, on March 4, 2024, this Court entered a Privacy Act and Protective Order
authorizing and governing the disclosure of certain materials by the U.S. Attorney’s Office for
the Southern District of New York (“USAO-SDNY”) to the parties in People of the State of New
York v. Donald J. Trump, Index No. 71543-23 (Sup. Ct. N.Y. Cnty.) (“People v. Trump”), in
response to a subpoena duces tecum (the “First Touhy Request”) issued by the defendant in that
case;
WHEREAS, on March 20, 2024, counsel for the defendant in People v. Trump made a
second request to the USAO-SDNY pursuant to 28 C.F.R. § 16.21 et seq. (the “Second Touhy
Request”), seeking production of records relating to the federal government’s investigation and
prosecution of Michael Avenatti in United States v. Avenatti, No. 19 Cr. 373 (PGG) (S.D.N.Y.),
and United States v. Avenatti, 19 Cr. 374 (JMF) (S.D.N.Y.);
WHEREAS, pursuant to 28 C.F.R. § 16.21 et seq., the U.S. Attorney for the Southern
District of New York has authorized the disclosure of certain records in response to the Second
Touhy Request, subject to entry of a Privacy Act and Protective Order that incorporates the
provisions of the Protective Order entered by the Hon. Juan M. Merchan in People v. Trump on
May 8, 2023 (“State Court Protective Order”), a copy of which is annexed hereto;

WHEREAS, counsel for the defendant in People v. Trump and the District Attorney for
the County of New York consent to entry of this Privacy Act and Protective Order governing the
treatment of certain materials produced by the USAO-SDNY in response to the Second Touhy
Request; and
WHEREAS, the Court finds that good cause exists for the issuance of a supplemental
Privacy Act and Protective Order, pursuant to the Privacy Act of 1974, 5 U.S.C. § 552a (the
“Privacy Act”),
IT IS HEREBY ORDERED THAT:
1.

Pursuant to 5 U.S.C. § 552a(b)(11), this Order authorizes the USAO-SDNY to

produce documents and information that otherwise would be prohibited from disclosure under
the Privacy Act without presenting Privacy Act objections to this Court for a decision regarding
disclosure. To the extent the Privacy Act allows the disclosure of information pursuant to a court
order, this Order constitutes such a court order and authorizes the disclosure of that information.
Nothing in this paragraph, however, shall require production of documents or information that
have not been authorized for disclosure by the U.S. Attorney for the Southern District of New
York pursuant to the Department of Justice’s Touhy regulations, or that are otherwise prohibited
from disclosure (even with the entry of this Order) by any applicable privileges, statutes,
regulations, or authorities.
2.

All documents and information produced by the USAO-SDNY pursuant to this

Order shall be treated as Limited Dissemination Materials subject to the terms and conditions of
the State Court Protective Order. All provisions and protections of the State Court Protective
Order applicable to Limited Dissemination Materials are expressly adopted and incorporated into
this Order.

2

3.

All documents and information disclosed by the USAO-SDNY pursuant to this

Order shall be held and used by the party receiving such information solely for use in connection
with People v. Trump.
4.

Nothing in this Order constitutes an admission by any party that any documents or

information disclosed pursuant to this Order is relevant or admissible. Each party reserves the
right to object to the use or admissibility of any such documents or information.
5.

Any Personally Identifying Information (“PII”) (e.g., social security numbers,

financial account numbers, passwords and information that may be used for identity theft)
produced pursuant to this Order shall be maintained by the receiving party in a manner that is
secure, confidential and shared only with authorized individuals in a secure manner. Nothing
herein shall preclude the United States from asserting legal claims or constitute a waiver of legal
rights and defenses in the event of litigation arising out of the receiving party’s failure to
appropriately protect PII from unauthorized disclosure.
6.

Pursuant to Federal Rule of Evidence 502, the production of privileged or work

product protected documents or communications, electronically stored information (“ESI”) or
information, whether inadvertent or otherwise, shall not constitute a waiver of the privilege or
protection from discovery in this case or in any other federal or state proceeding. This Order
shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence
502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a
review of documents, ESI or information (including metadata) for relevance, responsiveness
and/or segregation of privileged and/or protected information prior to production.
7.

At the conclusion of People v. Trump, all documents and information produced

pursuant to this Order and any copies thereof shall be promptly (and in no event later than 30

3

days after entry of final judgment no longer subject to further appeal) returned to the USAOSDNY or, upon permission of the USAO-SDNY, destroyed, with the exception of materials
admitted into evidence at trial or filed as part of the court record.
8.

Nothing in this Order shall prevent any disclosure by the United States of

documents or information subject to this Order, or require disclosure by the United States of any
such documents or information in any other context or proceeding.

SO STIPULATED AND AGREED TO BY:
Dated: March 26, 2024
New York, New York

Dated: March 26, 2024
New York, New York

BLANCHE LAW PLLC

By:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York

/s/ Todd Blanche
.
TODD BLANCHE, Esq.
EMIL BOVE, Esq.
Blanche Law PLLC
99 Wall Street, Suite 4460
New York, NY 10005
Counsel for Defendant

By:

4

/s/ Sarah S. Normand
SARAH S. NORMAND
Assistant United States Attorney
86 Chambers Street, 3rd Floor
New York, New York 10007
Counsel for USAO-SDNY

Dated: March 26, 2024
New York, New York
ALVIN L. BRAGG, JR.
District Attorney, New York County
By: /s/ Matthew Colangelo
MATTHEW COLANGELO
Assistant District Attorney
1 Hogan Place
New York, New York 10013
Counsel for People of State of New York

SO ORDERED:
____________________________________
HON. JESSE M. FURMAN
United States District Judge
26 2024
Dated: March __,
New York, New York
The Clerk of Court is directed to close the case.

5

SUPREME COURT OF'THE, STATE, OF NE,W YORK

q9qNrY 9tNPy Yots5
:

THE PEOPLE OF THE, STATE OF NEW YORK PROTECTT\E, ORDE,R
:

Ind. No. 71543-23

-against-

DONALD

J. TRUMP,

Defendant.

The Court, being satisfied based upon the application of Assistant District
Catherine McCaw, dated

Blanch-e and Susan
\:.:- \-..ji-i;;SilX"t-J'tio"r \'aor1

April 24,2023,{O*ropposition motion of Todd

a,-S

Necheles, counsel for Donald;. TrumpAhat good cause exists for
make such other order

as

r,/
:.

Attorney h

il

order to restrict, defer, and

is appropriate with respect to disclosure and inspection of discoverable

materials and informadon, pursuant to Section 245.70

of the Criminal Procedure Law, it

is

hereby:

ORDERED rhat any materials and information provided by the People to the Defense

in

accordance

with theit discovery obligations as well as any other documents, materials, or

correspondence provided

to or

exchanged with defense counsel

of record on the above-

captioned matter ("Defense Counsel"), in any form or component part, with the exception

of

any materials provided to the People by Defendant, the Tmmp Organizatiorl, or any company

owned in part or entirely by Defendant or the DonaldJ. Trust Revocable Tnrst (the "Covered
Materials") shall be used solely for the pu{poses of preparing a defense in this matter; it is further

ORDERED that any person who receives the Covered Materials shall not copy,
disseminate, or disclose the Covered Materials, in any form or by any means, to any thitd putry

(except to those employed by counsel

to

assist

in the defense of the above-captioned criminal

proceeding) including, but not lirnited to, by disseminating ot posting the Covered Materials to

any news or social media platforms, including, but not limited, to Truth Social, Facebook,
Instagram, \X4ratsApp, Twitter, Snapchat, or YouTube, without priot approval from the Court;

it is further

ORDERED that disclosure of the names and identifying information of New Yotk
County District Attomey's Office personnel, other than sworn members of law enforcement,
assistant district attorneys, and expert

delayed

or factwitnesses (other than summary witnesses), shall

until the commericement of jury selection and petmitting the People to redact

be

such

names and identis,ing information from any of the Covered Matedals; it is furthet

ORDERED that those of the Covered Materials that arc designated by the People

as

limited dissemination (the "Limited Dissemination Materials"), whether in electronic or Paper
form, shall be kept in the sole possession and exclusive control of Defense Counsel and shall not
be copied, disseminated, or disclosed in any form, or by any means, by Defense Counsel, except

to those employed by Defense Counsel to assist in the defense of the above-captioned criminal
proceeding; it is further

ORDERED that Defendant is permitted to review the Limited Dissemination Materials
only in the presence of Defense Counsel, but Defendant shall not be permitted to copy,
photograph, transctibe, or otherwise independently possess the Limited Dissemination Materials;

it is further

2

ORDERED that Defendant is permitted to review the portions of forensic images of
witness cell phones containing (1) material related to any of the events discussed in the indictment

or rhe People's April 4, 2023

Statement

of Facts; (2) mateial evidencing

any

prior criminal

conduct of the ov/ner of the phone or any person identified by the People as a witness in an
Addendum to an Automatic Discovery Form (the "People's uritness list"); (3) communicadons

or notes referring to any person identified as a witness in the
communications

or notes with any law enforcement officer or

People's witness list; (4)

anyone

in their office or

prosecutor or anyone in their ofFrce, including, but not limited to, the New York City Police
Department, federal law enforcement, the Southem District of New York, the New York County

District Attorney's Office, Special Counsel, or the Department of Justice; and (5) information
about Donald Trump; it is fi.rthet

ORDERED that any other portion of the forensic images of witness cell phones shall be
reviewed solely by Defense Counsel and those employed by Defense Counsel to assist in the
defense

of the above-captioned criminal proceeding, except that, after obtaining permission

ex

parte and in tamera from the Court, Defense Counsel may show Defendant other Court-approved

portions of the forensic images; it is further

ORDERED that, in the event Defendant

seeks expedited review

of this protective order

under CPL245.7O(6)(u), any obligation that would exist on the part of the People to produce the

information and materials that are the subject of this order is held in abeyance pending the
determination of the intemediate appellate court; and it is further

J

ORDERED, that the portions highlighted in green in People's Motion in Support of

a

Protecdve Order dated April 24,2023,and any accompanying documents, exhibits, or transcripts,
are sealed pursuant to CPL 245.70(1).

DATED:
ltst

o

New York, New York

a eolt

So Ordered:

lor.rreHr

4

OIINF]\V YORK

l.',l'.Rul\fl'].

(212) 33s-eoo0

Alvin L. Bragg, Jr.
District Attorney
New York County
One Hogan Place
New York, New York 10013

Indictmcnt No. 71543-23

MOTION FOR PROTECTI\'E ORDER

DO\ \LD

-against-

THE PEOPLE OF THE STATE OF NEW YORK

COUNTYOFNEWYORK

SUPRI,NII.], (]OTIILI'OIT TI']L] S'I"\TE,

Defendant.