Mueller is Trying to Hide Evidence from Defendants in Russian Trolls Case

GURPS

INGSOC
PREMO Member
In the motion, Mueller’s team requested a protective order to: (1) keep other co-defendants named in the February 16 indictment from accessing the government’s evidence against them; and (2) to keep additional evidence under the control of government attorneys and away from Concord Management itself.

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In English, Mueller’s team is suggesting that Concord Management not have access to the evidence being used against them–at least not at first. The special counsel contends that only Concord Management’s attorneys be given access to said evidence and that maybe, at some point in the future, with the court’s permission, two additional legal teams–one provided by the defense; one provided by the government and putatively unaffiliated with the prosecution–might huddle together and come to an agreement that Concord Management actually be afforded an opportunity to view the evidence in question.

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The aforementioned allegations of “interference operations” comprise most of Mueller’s argument for why this wide-ranging protective order should be granted. The motion notes:

Public or unauthorized disclosure of this case’s discovery would result in the release of information that would assist foreign intelligence services, particularly those of the Russian Federation, and other foreign actors in future operations against the United States. First, the substance of the government’s evidence identifies uncharged individuals and entities that the government believes are continuing to engage in interference operations like those charged in the present indictment.

This argument is almost clever.

Mueller’s team is tilting against the windmills of “[p]ublic or unauthorized disclose” of the evidence involved in the case–in excess of two terabytes by the government’s own estimation. But Concord Management’s attorneys aren’t requesting public or unauthorized disclosure. Rather, they’re simply using the Federal Code of Criminal Procedure to request documents and evidence which should be provided to their clients as matter of federal law, Constitutional right and legal custom. The problem appears to be that the Russians’ attorneys are simply using U.S. law too effectively.

Additionally, the accusations are conclusory and unsupported. It’s one thing for Mueller’s team to state “the government believes [uncharged individuals] are continuing to engage in interference operations.” It’s another thing entirely to offer any sort of evidence to support such an accusation. Mueller has provided no evidence here.

The second aspect of Mueller’s argument is even weaker. Again, the motion:

Second, information within this case’s discovery identifies sources, methods, and techniques used to identify the foreign actors behind these interference operations, and disclosure of such information will allow foreign actors to learn of these techniques and adjust their conduct, thus undermining ongoing and future national security investigations.

Mueller is Trying to Hide Evidence from Defendants in Russian Trolls Case




Ah NO ... Turn over all evidence to the defendants
 
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