It is important to understand what this protective order does. This is not to compell discovery from the defendants nor is it to ensure the defense does not destroy any evidence. I am sure those are covered by the law already.
This order pertains to information disclosed by Durham to the defense and also to any witnesses. It is possible that there is a lot of information that will be presented, and it is possible to take bits and pieces and leak it to the media to make it sound (in the typical MSM manner) like the case is falling apart or they are clutching at straws or even that the defendants are not guilty.
This order ensures that the defense and witnesses do not share any of this information to anyone without authorisation (think media). Not that this will stop them, but when they do it, it will trigger more indictments.
Yeah this order looks rather boring to be honest. From my reading of it, government will provide the defense with material showing Sussman's guilt and this order binds the defense to take proper care in securing it.
The only way it gets interesting for us is if the black hats leak something.
It could also mean that the information showing Sussman's guilt would disclose other people who might be indicted, and they want to control the release of that info.
If that was the case, the indictment would be sealed. They definitely have to tell the defendant the real names of the people in the indict like the guy they called Tech Executive 1, because that person Is a witness. This must be revealed.
In discovery, the government is required to show everything related to the evidence the prosecutors intend to show at trial. It's broader than just "showing guilt". You also have to include exculpatory evidence too. For example, if cops say you committed a robbery at 9pm on the west side of town, but they have a parking ticket for your car on the east side of town for 9:05 pm.
Or
If the eyewitness who identified you, spent the previous six hours in a bar.
Or
If the police interview shows the witness saying they were 35% sure the night they saw you was the same night as the crime.
All of these need to be disclosed or else there could be a Brady rule violation and a mistrial declared.
Its interesting, but this is related to the actual case where as that order was related to Grand Juries, when they are yet to indict someone. But together, it all paints a picture of an operation that is tightly contained with no leaks.
It is important to understand what this protective order does. This is not to compell discovery from the defendants nor is it to ensure the defense does not destroy any evidence. I am sure those are covered by the law already.
This order pertains to information disclosed by Durham to the defense and also to any witnesses. It is possible that there is a lot of information that will be presented, and it is possible to take bits and pieces and leak it to the media to make it sound (in the typical MSM manner) like the case is falling apart or they are clutching at straws or even that the defendants are not guilty.
This order ensures that the defense and witnesses do not share any of this information to anyone without authorisation (think media). Not that this will stop them, but when they do it, it will trigger more indictments.
Yeah this order looks rather boring to be honest. From my reading of it, government will provide the defense with material showing Sussman's guilt and this order binds the defense to take proper care in securing it.
The only way it gets interesting for us is if the black hats leak something.
It could also mean that the information showing Sussman's guilt would disclose other people who might be indicted, and they want to control the release of that info.
yup, the last part is about designating information as "sensitive" at will.
Bingo. They want to keep a lid on future prosecution targets.
Probably not.
If that was the case, the indictment would be sealed. They definitely have to tell the defendant the real names of the people in the indict like the guy they called Tech Executive 1, because that person Is a witness. This must be revealed.
Exactly, but they dont want to leak the identities of people like Teck Executive 1 just yet, even if they have to share it with the defense
Which they will when they feel the squeeze as the python wraps around their throats
<rubs hands together>
This is getting good!
In discovery, the government is required to show everything related to the evidence the prosecutors intend to show at trial. It's broader than just "showing guilt". You also have to include exculpatory evidence too. For example, if cops say you committed a robbery at 9pm on the west side of town, but they have a parking ticket for your car on the east side of town for 9:05 pm.
Or
If the eyewitness who identified you, spent the previous six hours in a bar.
Or
If the police interview shows the witness saying they were 35% sure the night they saw you was the same night as the crime.
All of these need to be disclosed or else there could be a Brady rule violation and a mistrial declared.
Selling 🍿🍿🍿 giftcards!
Member the changes re: Presenting classified info to grand juries? Changed just before Trump "left office"
Connected?
Its interesting, but this is related to the actual case where as that order was related to Grand Juries, when they are yet to indict someone. But together, it all paints a picture of an operation that is tightly contained with no leaks.