Tuesday, June 6, 2017

Confidential-informant discovery

Last week we blogged about a district court suppression order, promising to share more goodies from that same order.

Those goodies are several discovery orders relating to a confidential informant, including the AG's CI guidelines in effect at the time the CI was used, and CI suitability reviews and certain other internal documents relating to the CI.

The district court rejected most of the government's relevance, deliberative-process, and overbreadth objections, and carefully balanced the government's claimed "CI safety" interests against the defendant's trial-preparation interests.

Take a look at this order for (1) inspiration for what specific discovery requests to make with respect to a CI; and (2) a step-by-step argument for why the requested items are relevant and discoverable.

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