Consent Protective Order as to James Wessels — Consent Protective Order as to James Wessels — USA v. James Wessels (Dkt. 12) (Dkt. 12, D.N.J.)

Record facts

U.S. District Court for the District of New Jersey · No. 1:23-mj-02054-AMD · Doc. 12 · 2023-08-02 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
UNITED STATES OF AMERICA 
 
 
           v. 
 
JAMES WESSELS 
 
 
Hon. Ann Marie Donio        
 
Mag. No. 23-2054 
 
CONSENT PROTECTIVE ORDER 
 
 
 
Upon the application of the United States of America, and upon consent of 
the defendant, the Court finds and orders as follows: 
1. 
Disclosure Material. The Government anticipates voluntarily 
disclosing to the defendant documents, objects and information, materials 
pursuant to 18 U.S.C. § 3500, and potential exculpatory or impeachment material 
(“Disclosure Material”). The Disclosure Material produced includes material that 
(i) affects the privacy and confidentiality of individuals; (ii) would impede, if 
prematurely disclosed, the Government’s ongoing investigation of uncharged 
individuals; (iii) would risk prejudicial pretrial publicity if publicly disseminated; 
and (iv) is not authorized to be disclosed to the public or disclosed beyond that 
which is necessary for the defense of this criminal case. Thus, the entry of a 
protective order is appropriate. 
2. 
Facilitation of Discovery. Entry of this Order permits the 
Government to expeditiously produce the Disclosure Material without further 
litigation or the need for redaction. It also affords the defense prompt access to 
those materials, in unredacted form, facilitating the preparation of the defense. 
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 1 of 6 PageID: 43

2 
 
 
3. 
Timing and Scope of Disclosures. Nothing in this Order changes 
in any way the timing or scope of the Government’s discovery disclosure 
obligations, and those disclosures remain governed by Rule 16, 18 U.S.C. § 3500, 
and other statutory and constitutional authorities.     
4. 
Good Cause. There is good cause for entry of this protective order. 
IT IS on this ____ day of _________, 2023, ORDERED that: 
5. 
Disclosure Material shall not be disclosed by the defendant or defense 
counsel, including any successor counsel (“the defense”) other than as expressly 
permitted by this Order. Disclosure Material shall be used by the defense solely for 
purposes of defending this action. The defense shall not disclose any Disclosure 
Material to any third party except as expressly set forth below. 
6. 
Disclosure Material may be disclosed by the defense only to: 
a. 
Personnel for whose conduct counsel is responsible, i.e., 
personnel employed by or retained by counsel, as needed for purposes of defending 
this action; 
b. 
Prospective witnesses for purposes of defending this action, but 
counsel shall not permit such individuals to possess or retain Disclosure Materials 
or duplicate versions; and 
c. 
Any Coordinating Discovery Attorney (“CDA”) appointed 
pursuant to the Criminal Justice Act in this case, and any CDA employees and 
vendors the CDA may engage in the course of her duties. 
7. 
The Government may authorize, in writing, disclosure of Disclosure 
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 2 of 6 PageID: 44

3 
 
 
Material beyond that otherwise permitted by this Order without further order of 
this Court. 
8. 
This Order does not prevent the disclosure of any Disclosure Material 
in any hearing or trial held in this action, or to any judge or magistrate judge, for 
purposes of this action. But if a party wishes to submit Disclosure Material to a 
court in connection with a motion or application for relief, that party shall do so 
pursuant to the same procedures used for sentencing materials, as outlined in the 
District of New Jersey’s Protocol for Disclosure of Sentencing Materials (available 
at https://www.njd.uscourts.gov/court-info/local-rules-and-orders. Under those 
procedures: 
a. The Disclosure Material in question must be submitted directly to 
the court and all counsel of record in the underlying prosecution; 
absent a court order, no Disclosure Material may be filed on the 
Court’s Case Management/Electronic Case File System (“ECF”).  
b. The submitting party must file a contemporaneous notice on ECF 
that Disclosure Materials have been submitted to the Court 
pursuant to this protective order.  
c. Public access to the Disclosure Materials shall be governed by the 
same procedure set forth in paragraphs two through five of the 
District of New Jersey’s Protocol for Disclosure of Sentencing 
Materials.  
9. 
For any Disclosure Material made public, the publishing party must 
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 3 of 6 PageID: 45

4 
 
 
comply with the provisions of Federal Rule of Criminal Procedure 49.1.  
10. 
Counsel may use Disclosure Material at trial, subject to Rule 49.1 and 
any other applicable law or rules. Disclosure Material introduced as exhibits at a 
hearing or at trial are no longer subject to the restrictions set forth in this 
Protective Order.  
Disclosure and Protection Search Warrant ESI Disclosure Material 
11. 
Certain Disclosure Material may be contained within electronically 
stored information (“ESI”) that the Government has seized, pursuant to search 
warrants issued during the investigation, from cell phones, devices, storage media, 
and providers of electronic communications services and remote computer services 
(including email, cloud storage providers, and other online services). 
12. 
The Government is authorized to disclose to the defendant, defense 
counsel, and personnel for whose conduct counsel is responsible, i.e., personnel 
employed by or retained by counsel (the “Defense Team”), for use solely as 
permitted herein, the entirety of the ESI that was initially produced by a provider 
or captured from a device pursuant to search warrant (the “ESI Disclosure”). This 
authorization includes the production of the ESI Disclosure to all defendants in 
this case, regardless of whether the ESI was possessed or owned by, only one 
defendant. The Defense Team may review the ESI Disclosure to identify items 
material to the defense. They shall not further disseminate or disclose any portion 
of the ESI Disclosure except as otherwise set forth under this Order. 
13. 
This Order places no restrictions on a defendant’s use or disclosure of 
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 4 of 6 PageID: 46

5 
 
 
search warrant ESI that the parties agree originally belonged to a defendant. 
Return or Destruction of Material 
14. 
Except for Disclosure Material that has been made part of the record 
of this case, the defense shall return to the Government or securely destroy or 
delete all Disclosure Material within 30 days of: (a) the expiration of the period for 
direct appeal from any verdict in the above-captioned case; (b) the expiration of the 
period of direct appeal from any order dismissing any of the charges in the above-
captioned case; (c) the granting of any motion made on behalf of the Government 
dismissing any charges in the above-captioned case; or (d) the issuance of an 
opinion by an appellate court that terminates the case, whichever date is later. 
The defendant is permitted to retain the materials he is identified as owning in 
paragraph 13. 
15. 
The defense shall provide a copy of this Order to prospective 
witnesses and persons retained by counsel to whom the defense has disclosed 
Disclosure Material. All such persons shall be subject to the terms of this Order. 
Defense counsel shall maintain a record of what Disclosure Material has been 
disclosed to which such persons. 
16. 
This Order is binding on all future and successor counsel. 
Retention of Jurisdiction 
17. 
The provisions of this Order shall not terminate at the conclusion of 
this criminal prosecution and the Court will retain jurisdiction to enforce this 
Order following termination of the case. 
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 5 of 6 PageID: 47

OE
+VMZ
Case 1:23-mj-02054-AMD     Document 12     Filed 08/02/23     Page 6 of 6 PageID: 48

File and source

File

gov.uscourts.njd.514828.12.0.pdf

Size

357,085 bytes

SHA-256

d4d73ddb423224476a93c038a3ab7b96acddb56a9b054b7b4dc0a8949d3be68f

Our copy

gov.uscourts.njd.514828.12.0.pdf

Original

PACER (login required)