Transcript of document discussion
15 although I'm not trying to imply any concern about
16 Mr. Borgen – regarding dealing with classified documents.
17 And the question is whether or not it's possible
18 to create basically a SCIF or an SCI facility within the
19 courthouse that would satisfy the concerns of all of the
20 parties involved. We continue to have significant concerns
21 about it being left with the FBI, given the fact that the
22 FBI again is a defendant in this lawsuit. If what the Court
23 is saying is true, then that leaves the alternative of
24 moving it to Seattle, which creates obviously logistical
25 problems for everyone involved.
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1 But I'm wondering if – my understanding is that
2 the litigation security section can be called, again it's a
3 neutral party, they're often contacted in both criminal –
4 generally criminal and probably some civil cases, like
5 they've been dealing with the documents related to the
6 Guantanamo litigation, which is something Mr. Wax is
7 familiar with, and whether it's possible to set up a SCIF
8 within the courthouse, given the fact that the courthouse
9 does have security at this point, and whether there's
10 something more that can be done, akin to bringing in a safe
11 or whatever, that may satisfy the requirement of this being
12 in a SCIF.
13 THE COURT: There is also the possibility – and
14 this is what Mr. Borgen mentioned to me – of discussing
15 this with the originator of the document to determine
16 whether it can be declassified or redacted – I'm not quite
17 sure what all can be done at this point – and perhaps
18 reduce the security requirements.
19 MR. GOLDBERG: This is Goldberg again. Obviously,
20 that sounds like a terrific idea.
21 THE COURT: Now, at this point I need to discuss
22 two things before we go forward. Does plaintiff have a copy
23 of this document?
24 MR. GOLDBERG: None of the attorneys involved with
25 the case have copies of the document. All of the copies
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1 have been destroyed and we've sealed the only remaining
2 document with the Court.
3 THE COURT: You said "none of the attorneys."
4 Does your client representative have it?
5 MR. GOLDBERG: Your Honor, I have a problem –
6 THE COURT: You may have a problem answering that.
7 MR. GOLDBERG: – answering anything that may
8 implicate attorney-client privilege.
9 THE COURT: All right. But you're indicating that
10 the attorneys do not have a copy. Any copies you have –
11 MR. GOLDBERG: Any copies which any of the
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