Transcript of document discussion
23 $100,000 to build a SCIF, and it takes months, too.
24 THE COURT: It does not sound practical to do
25 that. And Mr. Goldberg, I think we're going to have to
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1 decide between Seattle and Portland.
2 MR. GOLDBERG: I understand.
3 Can I clarify? The facility in Seattle, where
4 is that facility an independent facility or where is that
5 facility located?
6 THE COURT: It's in the U.S. Attorney's Office, as
7 I understand it.
8 MR. SHELDAHL: Yes.
9 MR. GOLDBERG: And the FBI office here is in the
10 federal building or where is the FBI office?
11 MR. SHELDAHL: It's in the Crown Plaza. It's a
12 private leased space.
13 MR. GOLDBERG: And so the SCIF is in the private
14 leased space at that private leased space?
15 MR. SHELDAHL: Barry Sheldahl with the United
16 States. The answer is yes.
17 MR. COPPOLINO: Your Honor, this is Mr. Coppolino
18 again. I would just make two quick observations: One, the
19 storage of this is, first of all, within the discretion of
20 the United States government, the executive branch, as to
21 where it is stored; number two, we seek to store it in a
22 location that is convenient to the Court for obtaining the
23 document and showing it to you, and I hardly think that
24 Seattle is going to be convenient to the Court. And I
25 reiterate, there is no prejudice to the plaintiff if the
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1 matter is secured properly in the FBI. We can make some
2 arrangements and ensure that it is opened only by the Court.
3 THE COURT: What if I say I will not deliver it to
4 the FBI, Mr. Coppolino?
5 MR. COPPOLINO: Well, your Honor, we obviously
6 don't want to have any kind of a confrontation with you, we
7 want to work this out, but it has to be secured in a proper
8 fashion. And I respect the Court's, you know, authority in
9 the matter, but on the other hand, I also would have to
10 reiterate that it has to be secured properly. And we would
11 like to ask the Court to defer to our authority over the
12 document just for purposes of storage while accommodating
13 the Court's interest.
14 MR. GOLDBERG: This is Goldberg. If I could make
15 one comment. The federal regulation which applies to this
16 specific to the handling of these documents in civil
17 proceedings, which is 17 section 17.17. It's 28 C.F.R.
18 section 17.17. Paragraph 4 specifically talks about a court
19 facility which would be the one to provide the appropriate
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