From: To: Paul Cassell <[email protected]>, " Cc: Subject: RE: Voluntary Production of Materials - three ideas Date: Thu, 19 Jan 2012 00:47:46 +0000 Importance: Normal Dear Paul and Brad: Thank you for your email. Here is where we are on your three requests. Your first request asks for the emails from Epstein's lawyers to attorneys within the U.S. Attorney's Office regarding the non-prosecution agreement. Our understanding regarding the status of the current litigation is that Judge Marra currently has motions pending before him addressing: (1) whether you can use the emails that you have already received from other civil cases in this litigation and (2) whether any work product privilege or other privilege applies to the additional email communications that you seek. Given the status of those motions, it would be imprudent and inappropriate to voluntarily produce the materials to you prior to receiving the Court's ruling on those pending issues. We will, however, undertake to gather those materials in case the Court should rule that they are not protected. Your second request asks us to make initial disclosures pursuant to Federal Rule of Civil Procedure 26. We do not believe that the government has ever taken the position that Rule 26 controls these CVRA proceedings, but as we certainly have made clear in recent filings, it is the government's position that the Federal Rules of Civil Procedure, especially those governing discovery, do not govern CVRA proceedings, which are not civil proceedings, but are instead part of the criminal justice process. Judge Marra has not ruled otherwise, and his order allowing discovery did not contemplate any discovery disclosures pursuant to Rule 26, but instead permitted only specified limited discovery. We will nonetheless attempt to assemble a list of persons known to us to have been involved in the negotiation of the Non Prosecution Agreement and the process of victim notification. Your third reque