Wednesday, May 6, 2020

Who's Responsible For Turning Over Brady Material?

This is something I was discussing with my wife at dinner yesterday--really!

I was explaining that, despite all the talk of the FBI concealing documents, the responsibility for turning over Brady material--exculpatory material--actually belongs to the prosecutor(s). Obviously, if the FBI becomes aware that the prosecutors aren't performing their duties the FBI is culpable as well, but investigators aren't charged with the same legal understanding as prosecutors.

I was reminded of this by a Techno Fog tweet just now, which lays out DoJ Regs:

Techno Fog
Flynn prosecutor Brandon Van Grack has zero excuses for not producing this info.
Per DOJ regs:
"The investigative agency’s entire investigative file. . . should be reviewed for discoverable information." 

5:36 PM · May 5, 2020

How would you like to be in Van Grack's shoes right now? I'll bet he's been asked to respond to some pretty difficult questions already. And don't imagine Van Grack is the only prosecutor who was aware of the Brady material that wasn't turned over. It all goes to prove conspiratorial intent.

1 comment:

  1. Thanks for this entry. It seems to me that the willingness to turn over Brady material has a lot to do with mindset. If a prosecutor has a mindset that a conviction is more important than justice, it seems like he'd be less inclined to turn over Brady material.

    If the prosecutor thinks that it's the government's place to police free speech, free association and political differences, he's less inclined to turn over Brady material.

    If the prosecutor thinks that his righteousness is more important than the Constitution and controlling statutes and regulations, he's less likely to turn over Brady material.

    We don't need prosecutors who put their thumb on one side of Lady Justice's scales.