Monday, November 23, 2009

Nation & World

Transcript of document discussion

Posted 3/24/06
Page 4 of 9

12 attorneys have related to this case have now been destroyed.

13 THE COURT: All right. Now, the defendants

14 obviously want a copy of this. What is the proposal as to

15 how they are to receive a copy either now or in the future?

16 MR. COPPOLINO: Your Honor, Anthony Coppolino,

17 Department of Justice, Civil Division, in Washington.

18 Your Honor, I think the most secure manner of

19 doing that would be to have the court security officer,

20 Mr. Borgen, take custody of the document, and then through

21 some security means, perhaps a secure fax, provide us a

22 copy. I think a secure fax would probably suffice.

23 THE COURT: Well, first, Mr. Goldberg, do you have

24 any objection to the defendants being provided a copy?

25 Let's leave for a moment how it's going to happen.

8

1 MR. GOLDBERG: Not at all.

2 THE COURT: Do you have any objection to

3 Mr. Borgen taking control of this document and providing a

4 copy to the defendants?

5 MR. GOLDBERG: My understanding is that we're

6 talking about the document that you have –

7 THE COURT: Yes.

8 MR. GOLDBERG: – under seal.

9 THE COURT: Under seal.

10 MR. GOLDBERG: So the document would be released

11 to Mr. Borgen?

12 THE COURT: It's a two-step process. We have to

13 get a copy to the Government, and they're proposing that

14 Mr. Borgen take it, make a copy of it, and fax it to them in

15 a secure way. Then we have to get to the next step of where

16 it goes as soon as he's made a copy of it.

17 MR. GOLDBERG: I have no problem with Mr. Borgen.

18 THE COURT: Mr. Borgen, today I will, if you will

19 come to my office, you can make a – take the document, make

20 a copy of it, and it will be your responsibility to get a

21 copy of that to Mr. Coppolino in whatever secure fashion you

22 deem appropriate.

23 Then we have to go to the next step. So what

24 you're proposing, Mr. Goldberg, would require contacting the

25 litigation security section. When can that be accomplished?

9

1 Does anybody have any idea?

2 MR. GOLDBERG: I have the name of a person who I

3 believe is the director of that section. I've not spoken to

4 him, and I have a phone number for that section. So –

5 THE COURT: Here's what I want to see happen.

6 Because I'm leaving tomorrow morning, although I'll be

7 available by phone, I want to have this document that was

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