Transcript of document discussion
20 safeguarding.
21 So it does not sound to me, there's no definition
22 of court facility there, and again, I understand it needs to
23 be in a SCIF, but again, the concern with the FBI facility
24 here is that, number one, I don't believe it's a court
25 facility under the terms of the regulation; number two,
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1 we're dealing with a defendant; and number three, we're
2 dealing with a document that may involve criminal behavior
3 by that defendant. So given all of those, you know –
4 again, I'm concerned about expressing too much logistical
5 concern here, but at the same time, I don't think the
6 concerns that we are expressing are unreasonable, given the
7 issues involved in this particular case.
8 My suggestion, Your Honor, might be – and this
9 may create some immediate logistical problem – might be,
10 number one, to have the document stored in the Seattle
11 facility, at least, as you indicated, on a temporary basis,
12 number one.
13 Number two, understanding that the Court is going
14 to be gone, perhaps we can do a conference call,
15 Mr. Coppolino or whoever and myself, with someone from the
16 litigation security section, as well as Mr. Borgen, and see
17 if there's some other way of dealing with it within Portland
18 other than at the FBI facility. We'll know that then by the
19 time the Court returns, and then, you know, if there's no
20 other alternative here – and again, I'm not trying to – I
21 don't doubt what Mr. Coppolino is saying, but again, my
22 understanding is that the litigation security system, at
23 least from what I've been told, is a more neutral body.
24 Assuming that there are no other alternatives,
25 then we'll obviously agree to reconsider our position, and
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1 it may be that there is no alternative, and then it becomes
2 a question of what conditions are surrounding placement of
3 it in the FBI facility and who has access to it, et cetera.
4 I don't know if we have time to deal with that
5 today, given the Court's leaving. Maybe the best solution
6 might be to move it to Seattle, keep it there at least for
7 the next couple of weeks, give us more time to talk to the
8 litigation security section, and then have a conference when
9 the – with the Court after you return and then make a final
10 determination as to where it should be kept.
11 MR. COPPOLINO: Your Honor, this is Mr. Coppolino.
12 I can certainly go along with that. If it please the Court,
13 we can move the document to Seattle temporarily. I will
14 confer with the litigation support group about its storage
15 further. I will also confer with the originator of the
16 document regarding classification status and redactions, and
17 we can confer again with the Court when you return.
18 The only – so I could agree to all that, Your
19 Honor. The only additional point I would raise, unrelated
20 to this issue of storage, is with respect to the issue of
21 return of the document, I am concerned about the
22 representation made there that the document may still be
23 possessed by the plaintiffs, if not their counsel, and we
24 would expect to want to present that issue further to the
25 Court to ensure that all copies in the custody of the
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1 plaintiffs are returned to the Government or to the Court.
2 THE COURT: I don't think there was a
3 representation. I think there was an indication that he
4 could not answer the question based on attorney-client
5 privilege. So at this point it is an issue that can be
6 raised in the future.
7 All right. Mr. Borgen, I will deliver the
8 document to you today, and with instructions to deliver it
9 and place it in the SCIF in Seattle. And this is understood
10 that this is a temporary arrangement while the inquiries are
11 made that we've discussed, and the Court will revisit this
12 when I returned.
13 Now, do you anticipate anybody needing to get
14 in – to get that document between now and the time I
15 return?
16 MR. COPPOLINO: I do not, Your Honor. This is
17 Mr. Coppolino.
18 MR. GOLDBERG: Plaintiffs does not.
19 Judge, may I clarify one point?
20 THE COURT: Yes.
21 MR. GOLDBERG: In terms of the contact with the
22 litigation security section, can I participate? Can I call
23 them or be involved in that contact with Mr. Coppolino?
24 THE COURT: Well, I think it's the best way to do
25 it, is to have a joint call. Mr. Coppolino can certainly
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1 call them separately, but I think that it would be helpful
2 for you to have a joint call, and certainly you can contact
3 them separately as well if Mr. Coppolino doesn't want to
4 have a joint call. I'm going to allow both of you to
5 contact them, and suggest that you do it jointly.
6 MR. SUTHERLAND: Your Honor, this is Jim
7 Sutherland. May I walk up with Mr. Borgen now and pick up
8 the document?
9 THE COURT: Yes.
10 Thank you.
11 MR. COPPOLINO: Thank you, Your Honor.
12 (Proceedings concluded.)
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4 I certify, by signing below, that the foregoing is
5 a correct transcript of the record of proceedings in the
6 above-entitled cause. A transcript without an original
7 signature is not certified.
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11 __________________________________ ___________________
BONITA J. ALEXANDER, CSR, RMR, CRR DATE
12 Official Court Reporter
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