Subject: RE: Voluntary Production of Materials?l



Date: Wed, 11 Jan 2012 18:17:00 +0000





Importance: Normal



I will be at courthouse. Please call me on my cell.

I have a plea that starts at 2:00.



From: (USAFLS)

**Sent:** Wednesday, January 11, 2012 11:27 AM

**To:** (USAFLS); . (USAFLS)

Subject: RE: Voluntary Production of Materials?l

Let's shoot for 1:30. Are you available then,



From: (USAFLS)



**Sent:** Wednesday, January 11, 2012 11:22 AM

**To:** (USAFLS); . (USAFLS)

Subject: RE: Voluntary Production of Materials?I

I have calendar call at 1:00 p.m. I should be back by 1:30.

From: (USAFLS)

**Sent:** Wednesday, January 11, 2012 11:20 AM

**To:** . (USAFLS); (USAFLS)

Subject: RE: Voluntary Production of Materials?I

Sorry, first thing in the morning did not work out. Do you want to talk briefly now, or perhaps at 1:30? Alternatively, I can also call in after my doctor’s appointment. Given the waits I often encounter there, that will likely be around 6:00 pm or so.

From: . (USAFLS)

**Sent:** Tuesday, January 10, 2012 11:15 AM

**To:** (USAFLS); (USAFLS)

Subject: RE: Voluntary Production of Materials?I

If we could speak first thing in the morning, I would appreciate it. One of the reasons why I don’t feel comfortable handling the discovery is because I am not familiar with the privilege defenses that we have to production. Many of the items that they have asked for seem to me to fall within, at the very least, attorney-client privilege and work product doctrine (for example, DRAFT victim notification letters, internal correspondence between AUSAs and DOJ attorneys, etc.) I also have a vague notion that there are “executive privilege” and “investigatory privilege” bars to

EFTA00205495

production, but I don’t have any case law or treatises on those privileges. And there may be others. I don’t want to inadvertently waive a privilege on behalf of the entire Justice Department.



From: (USAFLS)

**Sent:** Tuesday, January 10, 2012 10:58 AM

**To:** (USAFLS);

Subject: Re: Voluntary Production of Materials?l

Let's find a time to talk tomorrow. It's a screwy day for me (I have to leave the office by 2:15 for a doctor's appointment and I'm supposed to close on a home refinancing loan), but I'm hopeful we can find a time to talk.



From: (USAFLS)



**Sent:** Tuesday, January 10, 2012 09:16 AM

**To:** (USAFLS);

Subject: RE: Voluntary Production of Materials?



and



I will be at the Broward Transitional Center this morning to interview a witness. Then I will be at the ICE offices in Miramar in the afternoon.

I will be in the office tomorrow. The court rescheduled my trial to January 23, 2012. Since these witness interviews were already scheduled, I am going forward with them since the continuance is only for one week.

From: (USAFLS)

Sent: Tuesday, January 10, 2012 8:16 AM

**To:** . (USAFLS); (USAFLS)

Subject: Re: Voluntary Production of Materials?

When do you want to talk? I'm at physical therapy now, but should be in the office by about 11:15. We can talk then or any time after lunch.

I'll pull the online state court dockets today. How can we get certified copies of the complaints in the state cases? Does the office have any mechanism for getting those?

From: . (USAFLS)

**Sent:** Monday, January 09, 2012 05:52 PM

**To:** (USAFLS); (USAFLS)

Subject: RE: Voluntary Production of Materials?

Yes, please.