EFTA00193328

Villafana, Ann Marie C. (USAFLS)

<table border="1"><tr><td>From:</td><td>Brad Edwards [be@bradedwardslaw.com]</td></tr><tr><td>Sent:</td><td>Friday, August 15, 2008 2:49 PM</td></tr><tr><td>To:</td><td>Lee, Dexter (USAFLS); Paul Cassell</td></tr><tr><td>Cc:</td><td>Villafana, Ann Marie C. (USAFLS)</td></tr><tr><td>Subject:</td><td>RE: Draft Protective Order - slight tweak</td></tr></table>

It looks ok. Go ahead and submit it. While we would disagree with your statement that our proposed order goes well beyond what is at issue, since it actually covers very thoroughly the ruling by Judge Marra yesterday, at this point we feel that time is of the essence and we will agree with you submitting your proposed order as is. I think we all heard Judge Marra and are thus all clear as to the terms of the protective order and what is required.

I would prefer that there is some language that the protective order is entered without prejudice to petitioners (seems like it would go in paragraph b), but if you are unable to incorporate it in your order, then I am sure there is a record from yesterday that could be used to help us get relief from the protective order at a later hearing. Anyway, thanks for preparing the order. We will look out for the "agreement". Thanks

<table border="1"><tr><td>From:</td><td>Lee, Dexter(USAFLS)[mailto:Dexter.Lee@usdoj.gov]</td></tr><tr><td>Sent:</td><td>Friday, August 15, 2008 1:24 PM</td></tr><tr><td>To:</td><td>Paul Cassell; Brad Edwards</td></tr><tr><td>Cc:</td><td>Villafana, Ann Marie C.(USAFLS)</td></tr><tr><td>Subject:</td><td>RE: Draft Protective Order - slight tweak</td></tr></table>

Judge Cassell and Brad,

I have incorporated the change suggested by Judge Cassell to paragraph (c). I also added language in paragraph (e), referring to other victims, which also provides for petitioners' counsel to promptly provide a copy of the acknowledgment to the U.S. Attorney's Office. The government has no doubts that counsel for petitioners will ensure the authorized recipients are aware of the protective order and agree to abide by it, prior to disclosure. We do not require the acknowledgment in writing prior to the non-prosecution agreement being disclosed to an authorized recipient.

We believe the petitioners’ proposed protective order goes well beyond what is at issue, the government’s disclosure of the non-prosecution agreement, conditioned on limited dissemination of the document upon receipt by petitioners.

Consequently, we believe the attached proposed order, incorporating your revisions, is appropriate for the task at hand. Thanks.

Dexter

<table border="1"><tr><td>From:</td><td>Paul Cassell [mailto:cassellp@LAW.UTAH.EDU]</td></tr><tr><td>Sent:</td><td>Friday, August 15, 2008 12:21 PM</td></tr><tr><td>To:</td><td>Brad Edwards; Lee, Dexter (USAFLS)</td></tr><tr><td>Cc:</td><td>Villafana, Ann Marie C. (USAFLS)</td></tr><tr><td>Subject:</td><td>RE: Draft Protective Order - slight tweak</td></tr></table>

Hello Dexter and Ann Marie,

First, I don't know if we've been formally introduced. Nice to meet you ... electronically at least.

171

EFTA00193329

**Recipient**

Sloman, Jeff (USAFLS)

# Read

Read: 8/15/2008 4:51 PM

170