USA v. Harris, et al.

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
DEVON CHRISTOPHER WENGER,
Defendant.
UNITED STATES OF AMERICA,
Plaintiff,
v.
DEVON CHRISTOPHER WENGER,
Defendant.
Case No. 23-cr-00268-JSW-2
ORDER REQUIRING
SUPPLEMENTAL DECLARATIONS
REGARDING NOTICE RE
PROTECTIVE ORDER VIOLATIONS
Re: Dkt. No. 241
Case No. 23-cr-00269-JSW-3
Re: Dkt. No. 622
This matter comes before the Court upon consideration of the Government’s notices
regarding apparent violations of the Protective Orders that govern in these cases. The Protective
Orders specifically provide that “materials provided pursuant to this protective order may only be
used for the specific purpose of preparing or presenting a defense in this matter unless specifically
authorized by the Court.” The Government has submitted evidence of materials that are covered
by the Protective Orders that were published in an article on a website.1 The Court did not
authorize the use of the materials in question and those materials were not used to prepare or
1 	The Court will not include the title of the article or the website in this Order. It is
contained in the Government’s under seal brief.
Case 4:23-cr-00268-JSW Document 251 Filed 11/25/25 Page 1 of 2

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United States District Court
Northern District of California
present Mr. Wenger’s defense in court. The responses from Mr. Wenger do not dispute that
materials covered by the Protective Order appear in the article.
To further develop the record, the Court will require each of Mr. Wenger’s former counsel
to submit a declaration to the Court addressing the questions in the Government’s notices. The
Court will permit counsel to file those declarations under seal and ex parte, pending further Order
of the Court. Counsel shall file those declarations by no later than December 17, 2025. Once the
Court has reviewed those declarations, it will either require further briefing or will set a hearing to
address the Government’s request.
The Court will address the pending motions to seal in a separate Order.
IT IS SO ORDERED.
Dated: November 25, 2025
______________________________________
JEFFREY S. WHITE
United States District Judge
Case 4:23-cr-00268-JSW Document 251 Filed 11/25/25 Page 2 of 2