Saturday, May 12, 2018

The Spears & Eliades order

The D.C. Circuit's order in  Spears & Eliades v. United States can be found here. Of particular note:
FURTHER ORDERED that the government submit to the court by Noon on Monday, May 21, 2018, in accordance with procedures governing classified information if warranted, a declaration describing any and all intrusions that have occurred, may have occurred, or that the government believes foreseeably could occur into the confidentiality of (i) petitioners’ communications with their client, (ii) petitioners’ communications with other lawyers, legal personnel, support personnel, or third parties as part of their representation of their client, or (iii) petitioners’ legal work product, legal files, or legal records (electronic or otherwise). In addition, the government is directed to submit to the court: 
(1) Any classified or unclassified information provided by the government to Brigadier General John G. Baker, in his capacity as Chief Defense Counsel for the Military Commission Defense Organization, regarding alleged breaches, accidental or otherwise, of attorney-client confidentiality and/or work product privilege pertaining to the representation by attorneys under his supervision of detainees at Guantanamo Bay, Cuba (see generally Oct. 11, 2017, Memoranda, Att. B to Exhs. D & E in Pets.’ Corrected Emergency Motion for Stay, No. 18-1087); and 
(2) Documents provided by the government to Judge [Vance] Spath in this case in connection with defendant’s motion to compel discovery regarding potential intrusions into attorney-client confidentiality, including, but not limited to docket entries AE369PP, AE369UU, AE369YYY, and AE369ZZZ.

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