Case 1:19-dm-00003-CMH Document 21 Filed 03/18/19 Page 1 of 3 PageID# 352 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA li - J/- Alexandria Division UNDER SEAL (Pursuant to Local Criminal Rule 49 and Fed. R. Crim. P. 6(e)) INRE: GRAND JURY CASE NO. lO-GJ-3793 Case No. l:19-DM-3 GRAND JURY NO. 18-4 GOVERNMENT'S RESPONSE TO MOTION TO UNSEAL The United States respectfully submits this response to Chelsea Manning's Motion to Unseal. In her motion, Manning requests that the Court unseal the pleadings related to her Motion to Quash filed on March 1, 2019. In light of the contempt proceedings that were conducted in open court, the United States does not oppose this request. As a result, the United States submits that the Court may unseal(1)the Motion to Quash (with the exception ofthe Declaration of Chelsea Manning, which Manning asks be kept under seal),(2)the Government's Response in Opposition to the Motion to Quash,filed on March 4, 2019,(3)the transcript ofthe March 5,2019 hearing on the Motion to Quash,(4)the Motion to Unseal, filed on March 4, 2019,and(5)this response.' The United States has attached a proposed order to this effect. ' Manning has not moved to unseal the transcript of the closed portion of the contempt proceedings. The Court should keep that transcript under seal because it reveals questions that were asked of Manning during the grand jury proceeding. Consistent with well-established caselaw, the Court properly closed the courtroom during that portion of the contempt proceeding and then opened the courtroom for the remainder of the proceeding. See, e.g., Fed. R. Crim. P. 6(e)(5) advisory committee's notes to 1983 amendments; Levine v. United States, 362 U.S. 610, 614-15 (1960); United States v. Index Newspapers LLC,766 F.3d 1072, 1090-91 (9th Cir. 2014); United States v. Smith, 123 F.3d 140, 149 n.13 (3d Cir. 1997); In re Grand Jury Subpoena, 97 F.3d 1090, 1094-95 (8th Cir. 1996). Case Document 21 Filed 03/18/19 Page 2 of 3 Page D# 353 Because the United States does not oppose the relief sought in the Motion to Unseal, the Court need not conduct a hearing on it. By: Respectfully submitted, - G. Zachary Terwilliger United States Attorney Tracy Doherty-McCormicl/ First Assistant United States Attorney Gordon D. Kromberg Kellen S. Dwyer Thomas W. Traxler Assistant United States Attorneys United States Attomey?s Of?ce 2100 amieson Avenue Alexandria, VA 22314 Telephone (703) 299-3700 Facsimile (703) 299-3980 Thomas.traxler@usdoj . gov Matthew R. Walczewski Nicholas Hunter Trial Attorneys, National Security Division US. Department of Justice 950 Avenue NW Washington, DC 20530 Telephone (202) 233-0986 Facsimile (202) 532-4251 Matthew.walczewski@usdoj. gov Case DocUment 21 Filed 03/18/19 Page 3 of 3 PageID# 354 CERTIFICATE OF SERVICE I hereby certify that on the 18th day of March, 2019, I caused the foregoing document to be sent to the following via electronic mail: Moira Meltzer?Cohen Attorney at Law Christopher Leibig Attorney at Law Chris@chrisleibiglaw.com Sandra C. Freeman Attorney at Law ??omas W. Traxger 2 Assistant United States Attorney Case 1:19-dm-00003-CMH Document 21-1 Filed 03/18/19 Page 1 of 1 PageID# 355 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division IN RE: Case No. I:19-DM-3 GRAND JURY CASE NO. lO-GJ-3793 GRAND JURY NO. 18-4 PROPOSED ORDER This matter is before the Court on Chelsea Manning's Motion to Unseal. The Government does not oppose the motion. The Motion to Unseal is GRANTED. The Clerk's Office shall unseal the following filings:(1)the Motion to Quash filed by Chelsea Manning on March 1,2019,(2)the Response in Opposition to the Motion to Quash filed by the Government on March 4, 2019,(3) the transcript ofthe March 5,2019 hearing on the Motion to Quash,(4)the Motion to Unseal filed by Chelsea Manning on March 4, 2019, and(5)the Response to the Motion to Unseal filed by the Government on March 18, 2019. The Clerk's Office shall not unseal the Declaration of Chelsea Manning that was submitted as an exhibit to her Motion to Quash. All other sealed filings and transcripts shall remain under seal until further notice from the Court. IT IS SO ORDERED. THE HONORABLE CLAUDE M. HILTON UNITED STATES DISTRICT JUDGE Date: Alexandria, Virginia