"Mueller’s team is suggesting that Concord Management not have access to the evidence being used against them–at least not at first. The special counsel contends that only Concord Management’s attorneys be given access to said evidence and that maybe, at some point in the future, with the court’s permission, two additional legal teams–one provided by the defense; one provided by the government and putatively unaffiliated with the prosecution–might huddle together and come to an agreement that Concord Management actually be afforded an opportunity to view the evidence in question.In my opinion, Mueller’s posture could easily viewed as a red-tape-heavy method intended to cripple and undermine Concord Management’s defense. In the United States, criminal defendants are entitled–by virtue of an almost sacred right–to view the evidence used against them. This right undergirds the basic foundation of America’s adversarial legal system.
Supreme Court jurisprudence has frequently favored the rights of the accused to know what they’re up against, too. And yes, this even goes for foreign nationals because the U.S. Constitution applies to anyone under the jurisdiction of the United States. Not just citizens and not just people on the landmass.
The proposed protective order expressly forecloses against that right. At the same time, the Mueller’s proposal purports to offer Concord Management the mere possibility of seeing those discovery materials sometime down the road. This would maybe occur by way of extremely complicated and burdensome permission-seeking regime under circumstances which could accurately be described as theoretical at best. Mueller’s team, of course, makes pains to appear the reasonable actor."
https://lawandcrime.com/opinion/mueller-fearmongers-about-election-interference-to-try-to-hide-evidence-from-defendants-in-russian-trolls-case/
Supreme Court jurisprudence has frequently favored the rights of the accused to know what they’re up against, too. And yes, this even goes for foreign nationals because the U.S. Constitution applies to anyone under the jurisdiction of the United States. Not just citizens and not just people on the landmass.
The proposed protective order expressly forecloses against that right. At the same time, the Mueller’s proposal purports to offer Concord Management the mere possibility of seeing those discovery materials sometime down the road. This would maybe occur by way of extremely complicated and burdensome permission-seeking regime under circumstances which could accurately be described as theoretical at best. Mueller’s team, of course, makes pains to appear the reasonable actor."
https://lawandcrime.com/opinion/mueller-fearmongers-about-election-interference-to-try-to-hide-evidence-from-defendants-in-russian-trolls-case/