Thread by @realjusthuman

🧵United States v. Comey

In the lead-up to this afternoon's hearing, both sides made filings in support of their respective positions on the disclosure of grand jury materials.

Comey wants the grand jury materials disclosed; Govt wants the judge to review them in camera.
1/n

For background on what is happening here, see this thread


2/n

And then this thread


3/n

Or just watch this video



4/n

The TLDR/W is:

Defense believes that irregularities with how the indictment came about, particularly the possibility of an FBI agent giving information to the grand jury that ought to have been shielded by attorney-client privilege protections, warrant the disclosure.

Such a "privilege spill" and/or other irregularities could provide a basis for a motion to dismiss the case.

I have a rundown of the irregularities on here
x.com/realjusthuman/…

5/n

Prosecution, naturally, argues that the defense is just speculating, though they do acknowledge an FBI agent was pulled from the investigative team after he was exposed to privileged material.

They also spend time arguing that even if there was a Fourth Amendment or privilege violation, it's not grounds to dismiss.

Interestingly, they address whether the grand jury was told of the attorney-client privileged information, which is material they are also seeking a filter team protocol for and is material that the only witness the grand jury heard from, the FBI agent, was exposed to and was later pulled off the case because of that exposure...

By arguing that it WASN'T attorney-client privileged information.

If it's not attorney-client privileged material, then why is it quarantined, and why was that FBI agent pulled from the investigative team attached to the case?

Regardless, the burden under Rule 6(e) is for the defense to produce particularized and factually based grounds for grand jury disclosure, and they argue that burden is not met here.

Instead of turning the material over to the defense, the prosecution requests that the judge review the grand jury testimony in camera and see for himself.

6/n

Comey's filing is here


7/n storage.courtlistener.com/recap/gov.usco…

Gov't's filing is here and includes two affidavits from FBI agents, though neither are from the "exposed" agent who testified to the grand jury and may have tainted it.

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

Affidavit 1
storage.courtlistener.com/recap/gov.usco…
Affidavit 2
storage.courtlistener.com/recap/gov.usco…
8/n