EFTA00018028.pdf

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Case 1:20-cr-00330-AJN Document 315 Filed 07/30/21 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
—v—
Ghislaine Maxwell,
Defendant.
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC 0:
DATE FILED:?/30/21
20-CR-330 (AJN)
ORDER
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 Brown, Ghislaine Maxwell Makes First In-Person NYC Court Appearance, N.Y.
Daily News (Apr. 23, 2021), https://www.nydailynews.corn/new-yorkrny-ghislaine-maxwell-
arraignment-20210423-b3aza5eh7bddna7r247px2yb7e-story.html.
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
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EFTA00018028

Case 1:20-cr-00330-AJN Document 315 Filed 07/30/21 Page 2 of 3
Court. Dkt. No. 314. Rule 23.1 is not so superficial nor easily circumvented. Nothing in the
rule limits its application to lawyers who have formally noticed an appearance. To the contrary,
as the text throughout the rule makes clear, it applie…

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