The lawyers representing Concord Management and Consulting in the election interference case brought by the Special Counsel against 13 Russian nationals and three Russian entities have filed a motion that is deserving of more attention than it has received to date. The motion seeks approval to disclose (i.e., review and discuss with Concord Maanagement) documents produced to the lawyers by the Special Counsel with their client under the protective order entered by the court (Trump appointee Dabney Friedrich). A summary of the case with links to litigation documents is accessible here under U.S. v. Internet Research Agency, et al.
Operating under Judge Friedrich’s protective order, Concord’s lawyers seek permission of the court to disclose documents designated “sensitive” by the Special Counsel. These “sensitive” documents are not classified. Since the entry of the protective order at the end of June, according to the motion, the Special Counsel has produced nearly 4 million documents, 3.2 million of which he has designated “sensitive.”
Law&Crime has uploaded the motion to Scribd with the notation Concord Management blasts Robert Mueller and pulls quotable quotes from the motion here. I have embedded the motion below. I would isolate this statement from Concord’s motion:
[T]he government has grossly over-designated documents as “sensitive.” Based upon what has been disclosed to date, this allegedly “sensitive” discovery includes a massive amount of irrelevant data ranging from promotional emails for airlines to personal correspondence, even including personal naked selfie photographs. Despite the fact that much of this allegedly sensitive material is irrelevant to the charges against Concord, the Special Counsel’s over-designation creates a massive problem for defense counsel in trying to identify what is relevant and/or exculpatory.
Law & Crime “reached out to [Concord attorney Eric] Dubelier and the other attorney listed on the filing for clarification about who exactly took the selfie and how it possibly pertains to the case, but no response was forthcoming at the time of publication.”
The Special Counsel not only opposes Concord’s motion, he seeks to file a classified addendum to his memorandum secretly with the court. Concord’s lawyers have filed a spirited memorandum opposing this tack here. Dubelier asks: “Could the manner in which [the Special Counsel] collected a nude selfie really threaten the national security of the United States?”
The tension mounts.
Concord Management blasts R… by on Scribd