On 3/10/23 12:46 PM, ScottW wrote:
Somebody thought hiding rows and columns was good enough to secure classified intel.
https://www.msn.com/en-us/sports/other/key-proud-boys-trial-skids-to-halt-after-accidental-leak-of-classified-info-to-defense/ar-AA18q9Y5
The real question is....the defense seemed to find the info of value as they began pursuing it in cross-examination. So what was it?
Doesn't the defense have a right to all evidence?
Would DoJ and FBI classify evidence damaging to their case?
This might be easier to follow.
https://twitter.com/Brandi_Buchman/status/1633841816687755267
The messages were between Miller and another agent identified as T. Wang
in the docs. Smith contends that when he began reviewing the
spreadsheet, he uncovered hidden rows containing msgs between the agents
and that those msgs suggest there's been a violation of atty-client priv[ilege.]
The Proud Boys' attorney submitted this:
https://s3.documentcloud.org/documents/23699514/smith-motion-to-impeach-hidden-communications.pdf
[Miller] testified that in order to comply with her Jencks obligations
she compiled her Lync messages in an Excel spreadsheet which was then
produced to the USAO.
The version of Miller’s Excel sheet produced to the defense contained 25
rows of her Lync messages. In cross-examination the agent acknowledged
she alone compiled that disclosure. She testified that those messages constituted a complete production of her Jencks statements from Lync.
However, a close examination of the agent’s sheet revealed over one
thousand hidden Excel rows of messages. Miller was thus examined as to
whether she had withheld from prosecutors Lync messages concerning whether:
(1) a conspiracy charge was factually supported in the Proud Boys case;
(2) Telegram user Aaron of the Bloody East was involved in “planning chats,” and
(3) inaccurate FBI informant-related information should be disclosed to
the defense. Miller answered in the negative.
Miller was also cross-examined as to whether the agent had gained access
to the content of attorney-client communications involving defense trial strategy in this matter. Again the witness answered in the negative.
However, the agent’s hidden Lync messages contain statements concerning:
- Whether agents could make out a valid “conspiracy and not make a fool
of ourselves”...
From the hidden rows in Miller’s Lync spreadsheet it is apparent that
the defense has not received all of her Jencks statements in these
relevant communications. That is because the individuals with whom
Miller exchanges messages can be seen responding to the agent—but her
own statements are missing.
End quote.
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