Thursday, November 12, 2009

Nation & World

Transcript of document discussion

Posted 3/24/06
Page 8 of 9

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

15

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

16

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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