Thread by @realjusthuman

United States v. Comey

Discovery has begun to flow as Judge Nachmanoff issued an order setting deadlines and the appointment of a CISO.

Rule 16 material is due to be turned over today.

The first piece of discovery, a single page, was produced to the defense at the end of last week.

Filings indicate it perhaps had to do with the appointment of Halligan and/or the identities of PERSON 1 and PERSON 3. While many of us are confident that PERSON 1 is Hillary Clinton (and PERSON 2 would be Donald Trump), the identity of PERSON 3 is up for debate.

Defense counsel intends to file motions to disqualify Halligan, and that motion would be due by October 20th.

Tonight, prosecutors filed a motion asking for a filter team to be used in the handling of certain "quarantined evidence" which is “Potentially Protected Material.”

Of note here:

-The PPM is evidence from an attorney

-"The quarantined evidence was obtained through judicial warrants in a previous government investigation."

-"the government is not aware of any involvement by the Defendant...in this prior review."

The Filter Team hasn't reviewed the material yet, but their job would be to identify and segregate the PPM from the evidence obtained through the previously mentioned attorney.

The protocol that's proposed for handling this would safeguard claims of privilege (attorney-client).

The filter team would give access to the potential privilege holders, who could then assert claims.

A few other interesting things in this filing:

"defense prefers to challenge the underlying search warrant first before any [filter team] review takes place."

The language here indicates that the "putative privilege holders" are not Comey and Fitzgerald.

Perhaps it's Daniel Richman? We know from media reports that he has met with investigators.

We know that in the Arctic Haze media leak investigation, Comey provided his iPhone.

And they interviewed Richman as well as others, ultimately concluding that there was not "sufficient evidence to criminally charge any person, including Comey or Richman"

There's a hefty amount of redactions still on these memos, these sections perhaps being the most intriguing.

We also know from media reports that investigators met with Durham about his media leak investigation, Tropic Vortex, which in some way was potentially informed by or somehow connected to other leak investigations.

Sure would like to read what's in the 1A Package and USA Durham memo.

A filter team could slow things down, and, whether they say so or not, both sides may prefer that.

The prosecution team was only JUST put together days ago and by their own admission are “just getting our hands around” the discovery in the case, while the defense don't even know who PERSON 1 and 3 are.

I through the filings that were made before 3pm today, and gave a lesson on how to pronounce ‘tranche,’ and suggestions on reframing arguments with your spouse, on my most recent podcast episode

Links for docs cited in this thread:

Tropic Vortex
justthenews.com/sites/default/…

Arctic Haze
justthenews.com/sites/default/…

Comey Discovery Motion
storage.courtlistener.com/recap/gov.usco…

Govt Discovery Motion
storage.courtlistener.com/recap/gov.usco…

Discovery Order
storage.courtlistener.com/recap/gov.usco…

Filter Team Motion
storage.courtlistener.com/recap/gov.usco…

Thanks for reading. Let me know your thoughts in the comments.