Quote:
Originally Posted by Busty2
You would be wrong but that's par for the course with you. The only joke around here is you!
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I'm 100% right and you're twisting it to your liking as usual. I'll be more than happy to post the quotes since you neglected to (likely for a reason even if subconsciously)
The entire filing reads like "WTF is this bullshit?" Literally calling Mueller out for making up laws on the fly.
The filing
https://www.documentcloud.org/docume...pposition.html
The related portion
"A first year law student would likely question how Napue helps the Special Counsel here,
where the Special Counsel wants to secretly traduce Concord and co-defendants to the Court so
the Court will deny all allegedly sensitive discovery to Concord. The Court has not asked for an
ex parte submission, as was the case in Napue. And the ex parte submission in Napue was
determined on appeal to be both improper and insufficient, saved only because the witness
names were ultimately provided to the defendant. The Special Counsel here is not seeking delay
in production, but instead asking to Court to prohibit Concord forever from seeing the obligatory
discovery. Putting aside for the moment the question of how this would work at an actual trial (it
will not), the Special Counsel bizarrely notes that “should discovery in this case continue . . .” he
now intends to invoke the Classified Information Procedures Act (“CIPA”) despite the fact that
none of the discovery is classified. See Motion at 4 n.2. But the Special Counsel has not
completed discovery even to defense counsel, so what the heck is he now talking about?"
Next it looks as if the Special Counsel tossed in United States v. Yunis, 867 F.2d 617
(D.C. Cir. 1989), just to have a case from this Circuit. It is reasonable to ask if he just threw a
dart at the Federal Reporter. In Yunis, the prosecutor made ex parte submissions specifically
pursuant to the procedures set forth under CIPA, and the appellate court determined on
interlocutory appeal by the government that the classified discovery was not relevant to the
defense. Here, again, there is no classified discovery. Instead, the Special Counsel invokes
Yunis for the proposition that it can provide ex parte classified reasons to the court without any
CIPA proceeding about why the Defendant is not entitled to discovery of non-classified
discovery at all. Yunis said no such thing and cannot be extended to support any such argument.
Here, like everything else in this case, the Special Counsel has already unilaterally
determined that his proposal cannot possibly prejudice Concord. See Mot. at 3. But that is not
within the power of any prosecutor to decide. If the Court were to permit this unprecedented
conduct, it will be absolutely impossible for Concord to effectively challenge until appeal the
propriety of any resulting discovery order. That seems to be the Special Counsel’s plan despite
the fact that at a minimum it will have the appearance of impropriety, and in the worst case will
create the possibility of actual misconduct in leaving it to the Court alone to determine the
validity of the arguments provided by the Special Counsel absent any scrutiny by the Defendant.
That is not how criminal cases proceed in the United States.
Finally, it is worth noting that while undersigned counsel continues to work through the
millions of pages of allegedly sensitive discovery, they would be hard-pressed at this point to
identify any sensitive discovery that fits within the categories outlined by the Special Counsel in
his prior briefing regarding the protective order. See Gov’t Mot. for Protective Order at 6-8, Dkt.
24. In contrast, it seems as if the Special Counsel himself is ignorant of the information available to the general public of the collection techniques he used in this matter, as noted in
Concord’s Motion for Approval to Disclose Discovery Pursuant to Protective Order at 13-15,
Dkt. 77.
Could the manner in which he collected a nude selfie really threaten the national
security of the United States?"
As you can see it's a JOKE.... Because thats what the Mueller investigation is A JOKE. Mueller is trying to claim all of the evidence is a national security concern... So he's refusing to provide the evidence... The lawyers are pointing out what a joke that is.. "Is it really a national security concern how he obtained a nude selfie?"