NACDL sued the Justice Department seeking disclosure of its Federal Criminal Discovery Blue Book.  This publication reportedly covers the law, policy, and practice of prosecutors’ disclosure obligations.  The U.S. Court of Appeals upheld the lower court’s decision that the publication is protected work product. Included here are key pleadings filed in the National Association of Criminal Defense Lawyers' (NACDL) Freedom of Information Act (FOIA) lawsuit seeking the Department of Justice's Federal Criminal Discovery Blue Book.

NACDL frequently writes to members of Congress, the Department of Justice, and the president on fourth amendment issues. These letters have been collected and are available for download by clicking on the titles below.

LAURA E. DUFFY 1 . . -. . . United States Attorney 2 WILLIAM P. COLE . .. ' . . . .... ... .~ . ~--". :.":'-~~ ..... -~---•.-~ ... . :'""'. -- ... . . . .... . 3 CAROLINE P. HAN Assistant United States Attorneys 4 Cal. State Bar No. 186772/250301 5 STEVEN P. WARD Trial Attorney 6 D.C. Bar. No. 395410 7 Federal Office

123456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOLLY A. SULLIVAN California State Bar No.216376 110 West C Street, Suite 1903 San Diego, California 92101 Telephone: (619) 269-8054 Fax: (619) 794-2263 Email: hollyasullivan@yahoo.com Attorneys for Basaaly Moalin UNITED STATES DISTRICT COURT SOUTHERN D

UNITED STATES’ OPPOSITION CR-12-0030 EMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELINDA HAAG (CABN 132612) United States Attorney J. DOUGLAS WILSON (DCBN 412811) Chief, Criminal Division S. WAQAR HASIB (CABN 234818) ALEXANDRA P. SUMMER (CABN 266485) Assistant United States Attorneys

NACDL comments to the Judicial Conference of the United States Committee on Rules of Practice and Procedure, Foreign Intelligence Surveillance Court (FISC) Rules Committee, and FISC Presiding Judge regarding proposed amendments to FISC Rules of Procedure 7(j); 11(d); 13(a)(4), (a)(S) & (b)(4); 17(b), (c) & (d); 62(a); and 63.

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet. [Released November 2014]

Collects discovery reform proposals and model laws from various organizations

NACDL comments to the Virginia Supreme Court on proposed revisions to Virginia's discovery rules: Proposed Revisions to Rules 3A:11 and 3A:12 Received from the Virginia State Bar Criminal Discovery Reform Task Force.

U.S. District Court Judge Emmet G. Sullivan’s letter to the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, regarding federal disclosure obligations and suggesting an amendment to the Federal Rules of Criminal Procedure.

Letter to the Advisory Committee on Local Rules chairman regarding proposed changes to criminal disclosure rules in the U.S. District Court for the District of Columbia.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Although the prosecution often uses social media evidence to show “intent” for all manner of human conduct, the legal challenges to social media evidence are growing in strength.

and Where Do We Go from Here?

Rule 5(f)(1) requires judges to inform prosecutors of their obligation to produce exculpatory information and provides that courts may hold prosecutors accountable if they do not comply with a Brady order. Rule 5(f)(2) requires that each circuit council promulgate a Model Order that a district court “may use as it determines is appropriate.”