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Posted by Redneck Jim 2013-01-16 06:11||
#2 Leak it to the Web.
Posted by Pappy 2013-01-16 16:00||
#3 "As is" IMO there is no reason for a US Fed Judge to allow such unless the US Govt-Agencies is linked to the incident andor Personages involved.
CIA, NSA, ...@etc role(s)???
Posted by JosephMendiola 2013-01-16 18:27||
#4 IANAL, so this is just seat-of-the-pants. New Federal Rule of Evidence 502 states:
"(b) Inadvertent Disclosure. When made in a federal proceeding . . . the disclosure does not operate as a waiver in a federal or state proceeding if:
(1) the disclosure is inadvertent;
(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and
(3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following Federal Rule of Civil Procedure 26 (b)(5)(B)."
So it depends on how the memo got handed over; whether the court decided the bad guys "took reasonable steps to prevent disclosure"; and whether they quickly ("timely") notified the other side what had happened and demanded the memo back. And "timely" doesn't mean two months.
I'm pretty sure the handover was "inadvertent" just based on the content, but that doesn't cut any ice with a court (or shouldn't). There are fairly specific requirements as to what constitutes "inadvertent."
I'm pretty sure they'll appeal the ruling. I'd appeal it all the way to the Supreme Court before turning it over.
Posted by Barbara 2013-01-16 19:37||