Exhibit — USA v. MERRITTS (Dkt. 57.4)

Summary

Exhibit, Document 57-4, filed 01/06/26 in Case 1:25-cr-00076-JMC, District of Columbia, three pages: an email chain of December 16 and 17, 2025 between Miller, Emily (USADC) and Tiffany Gough of the court. Miller writes that she filed some documents in error, then had them sealed, and asks whether anyone accessed or downloaded their contents while they were public, identifying case 25-cr-76 and docket number 33 as she believes. Gough replies that PACER can tell the court who accessed a document but cannot show access at the public terminal or via NEF. On December 17, 2025 Gough writes that only government counsel viewed the 2 exhibits in question, adding that 2 media folks received the NEF and there is no way to know if they viewed the documents.

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Record facts

Full text

From:
Tiffany Gough
To:
Miller, Emily (USADC)
Cc:
Rothstein, Joshua (USADC); Kelly, Brian (USADC)
Subject:
[EXTERNAL] RE: ECF
Date:
Wednesday, December 17, 2025 8:53:14 AM
Good Morning,
 
Only government counsel viewed the 2 exhibits in question.  However, “please keep in
mind that PACER does not track all document access.  Our records do not include
access via the NEF or public terminals.”  Just FYI- there are 2
media folks that received
the NEF and there is no way for us to know if they viewed the documents.   
 
Thank you,
 
 
From: Miller, Emily (USADC) <Emily.Miller2@usdoj.gov>
Sent: Tuesday, December 16, 2025 4:23 PM
To: Tiffany Gough <Tiffany_Gough@dcd.uscourts.gov>
Cc: Rothstein, Joshua (USADC) <Joshua.Rothstein@usdoj.gov>; Kelly, Brian (USADC)
<Brian.Kelly3@usdoj.gov>
Subject: RE: ECF
 
CAUTION - EXTERNAL:
Hello! I don’t need to know who, just whether anyone NOT getting NEFs did so. What do
you mean searching at the public terminal? Whatever you can provide would be most
helpful. It is case 25-cr-76, and I believe the docket number was 33.
It is the one that
says entered in error. (Sorry, working from one tiny screen in Mexico….).
 
From: Tiffany Gough <Tiffany_Gough@dcd.uscourts.gov>
Sent: Tuesday, December 16, 2025 4:19 PM
To: Miller, Emily (USADC) <Emily.Miller2@usdoj.gov>
Cc: Rothstein, Joshua (USADC) <Joshua.Rothstein@usdoj.gov>; Kelly, Brian (USADC)
Case 1:25-cr-00076-JMC     Document 57-4     Filed 01/06/26     Page 1 of 3

<Brian.Kelly3@usdoj.gov>
Subject: [EXTERNAL] RE: ECF
 
Hi Emily,
 
PACER is able to tell the court (and we cannot disseminate it outside of the court) who
accessed the document.  If no one accessed it, I will let you know that.  Also, they
cannot tell us if anyone accessed it at the public terminal (they
would have to be
searching that specific case) or via NEF  (they would have had to receive a NEF (notice of
electronic filing) in the case.)
 
What is the case number and document number?
 
Thanks! 
 
 
From: Miller, Emily (USADC) <Emily.Miller2@usdoj.gov>
Sent: Tuesday, December 16, 2025 4:15 PM
To: Tiffany Gough <Tiffany_Gough@dcd.uscourts.gov>
Cc: Rothstein, Joshua (USADC) <Joshua.Rothstein@usdoj.gov>; Kelly, Brian (USADC)
<Brian.Kelly3@usdoj.gov>
Subject: ECF
 
CAUTION - EXTERNAL:
 
Hi Tiffany,
 
We have a case where I filed some documents in error and then had them sealed when I
realized. We need to find out if anyone accessed their contents and/or downloaded
them while they were public. Is that possible?
 
Thank you!
Emily
Case 1:25-cr-00076-JMC     Document 57-4     Filed 01/06/26     Page 2 of 3

CAUTION - EXTERNAL EMAIL: This email
originated outside the Judiciary. Exercise caution
when opening attachments or clicking on links.
 
CAUTION - EXTERNAL EMAIL: This email
originated outside the Judiciary. Exercise caution
when opening attachments or clicking on links.
 
Case 1:25-cr-00076-JMC     Document 57-4     Filed 01/06/26     Page 3 of 3

File and source

File

gov.uscourts.dcd.278640.57.4.pdf

Size

265,137 bytes

SHA-256

523331961db56b33f91fbab214eacc1875729da92de0f150052668a06c845a53

Our copy

gov.uscourts.dcd.278640.57.4.pdf

Original

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