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>It wasn't limited to just a single agent, Imaging Universe (the government contracted mandated provider of copying services for discovered documents) admits to
by will_brown 10y ago
>It wasn't limited to just a single agent, Imaging Universe (the government contracted mandated provider of copying services for discovered documents) admits to doing this since 2006 at the request of the FBI.
Definitely that is what the defense is arguing, but is it true/can it be proved? I read the admission to mean just the 1 Agent:
“The U.S. Attorney’s Office has admitted that Agent Deanne Lindsey had been receiving copies of the CDs and had been keeping the duplicate CDs in a folder as she received them,”
On second reading, I think I see what the Government response to the Motion will be based this little excerpt:
>"The government’s Thursday night response acknowledged that Imaging Universe did supply the FBI with duplicate CDs of what the company had copied for Schapiro’s defense team, but said the discs “were never requested by any agent, prosecutor or anyone else on the government’s behalf.”"
I think what they will argue in Court is that the Contractor gave them (US Attorney and/or FBI) attorney-client privileged documents in error and they didn't do anything wrong because they were not requested by the Government and as soon as the prosecutors learned what the Contractor did they disclosed it. They might even say the one Agent didn't do anything wrong by "reviewing" these documents because the Agent, not being a lawyer, subjectively believed they were in rightful possession. Its actually an argument the government uses a lot to circumvent the 4th Amendment protection of illegal searches and seizures. More specifically, the 4th Amendment only applies to searches/seizures of the Government and the 4th Amendment doesn't apply to searched by non-government entities. The big question is if the Defense truly has some smoking gun evidence of the government (FBI and/or US Attorney) requesting Imaging Universe copy the work product documents.