Specifically, we won't show our witnesses' (prior lying) statements (for cross examination purposes) to Mr. Hecker, until the moment our witness(es) take the stand for us.
Of course, this will not do -- but USDC Judge Crenshaw is likely to rule at the end of the hearing that the government loses and the felony case is dismissed immediately -- due to US misconduct here. Here's the nonsense, just for a complete record:
. . .Previously, Mr. McGuire indicated to the Court that he believed that either 18 U.S.C. § 3500 (commonly known as the Jencks Act) or Federal Rule of Criminal Procedure 26.2 may apply to some materials related to potential witnesses the United States expected to call at the upcoming evidentiary hearing. . . .
Mr. McGuire’s prior statement concerning the application of the Jencks Act or Rule 26.2 to the upcoming evidentiary hearing has no bearing on the correct application of relevant federal law and does not create a right to materials that otherwise does not exist in federal law. . . .
[T]he Court ordered the production of “documents that are relevant to the narrow issue of whether the government’s new decision to prosecute Abrego, after deciding not to do so, ‘was tainted by improper motivation’ arising from Abrego’s success in the Maryland civil case.” (DE #241, #260). Accordingly, the Court has already ordered the production of all records that would arguably qualify as Jencks for purposes of this hearing and it is not necessary for the Government to provide the defendant with a privilege log delineating the records reviewed in camera by the Court pursuant to these proceedings. . . .
These are positively the most undeservingly high-handed -- and arrogant US Attorneys I've ever encountered in 30 plus years. Damn. But Judge Crenshaw will fix their little red wagon, come Wednesday. See you then, boys. Out.
नमस्ते
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