Transcript of document discussion
8 filed under seal in a secure place, and it may well be that
9 we will have to deliver it to Mr. Borgen to deliver it to
10 the SCI facility in Seattle. I recognize that takes some
11 effort at this point, but at least that can be accomplished.
12 Now, if the litigation security section can come
13 up with a new method, or if the originator will declassify
14 or redact part of it, then we can move it from that Seattle
15 facility to whatever facility we select.
16 I'm acknowledging Mr. Goldberg's objection to
17 placing it with the FBI. They are a defendant in the case.
18 I have no aspirations – nothing – not aspirations, that's
19 not the word, but I'm not indicating there would be any
20 problem with them, but they are a defendant so I don't think
21 it's appropriate that they have custody of it.
22 So that's what I'm suggesting at this point.
23 Mr. Borgen, what is your response to that?
24 MR. BORGEN: I can satisfy that, sir.
25 MR. SUTHERLAND: This is Jim Sutherland, Your
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1 Honor.
2 Just so we understand, Mr. Borgen would take
3 custody of the document, make arrangements for a copy to be
4 made available to Mr. Coppolino's office in Washington,
5 D.C., and then he would take it directly to the SCIF in
6 Seattle?
7 THE COURT: That's right. But this would be a
8 temporary arrangement until we have an opportunity to talk
9 to the litigation security section and the originator, to
10 see if something less secure would be satisfactory, or if
11 there is a way. My preference is to have this within the
12 control of the Court in a secure fashion.
13 MR. COPPOLINO: Your Honor, this is Anthony
14 Coppolino with the civil division again in Washington.
15 If the Court would allow me, I'd like to speak to
16 a couple of these issues.
17 THE COURT: All right.
18 MR. COPPOLINO: First of all, with respect to the
19 litigation security group, I am familiar with that group. I
20 believe they're even housed in my own building. My
21 understanding was that a contact had been made with the
22 Court by a representative of that group and that the
23 litigation security group has, in effect, deputized
24 Mr. Borgen, who does – who performs precisely the same
25 function that they do in the Portland area. And so for all
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1 intents and purposes, there is no distinction between the
2 role that he plays and the role that the litigation security
3 group plays here in the Justice Department headquarters.
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