From: ' To: Paul Cassell <I Cc: l!radEdwar" Subject: RE: Proposed Pleading to File - right to confer Date: Wed, 27 Oct 2010 22:10:59 +0000 Importance: Normal Paul, The Acting U.S. Attorney stands ready to discuss with you and Brad the merits of this case and ways in which it can be resolved, but will not be speaking with you today regarding how the victims will respond to the order to show cause, or what the government is willing to stipulate to in the response. As an aside, I believe the reasonable right to confer under 18 U.S.C. 3771(aX5) applies to crime victims in their criminal cases, filed in U.S. District Court, not civil litigation the victims have initiated against the government. As to the proposed stipulation of facts, I received your e-mail containing those proposed stipulation facts on Saturday, October 23, 2010, at 3:25 p.m., Eastern Daylight Time. I opened your e-mail some time after that. At 4:40 p.m, October 23, 2010, I forwarded your e-mail to Since I was on travel from October 25-26, I did not have any opportunity to sit down and confer with regarding whether we could agree to some, or any, of the nineteen pages of proposed facts you submitted. Today, I told Brad Edwards that some of the facts are really legal conclusions or arguments, rather than statements of fact The statement that one could reasonably infer something from an e-mail is not a factual assertion, but an argument. There are a number of statements that suffer from this deficiency. I do not believe we can resolve these differences in the time remaining for you to file your document. Thank you. ----Original Message--- From: Paul CacwIl Sent: Wednesday, October 27, 2010 5:01 PM To: M, (USAFLS) Cc: Brad Edwards; Subject: RE: Proposed Pleading to File - right to confer mailto: Dear M, I. As you know, crime victims have the right to "confer" with the prosecutor on the case -- we respectfully request a chance to confer with the decisionmaker on this matter -- a