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Document doj-ogr-00019311

AI Analysis

Summary: This document outlines the procedures for managing 'Highly Confidential Information' in a criminal case, including its marking, use, and potential de-designation. It restricts the use of such information to the defense of the criminal action and outlines a process for disputing the 'Highly Confidential' designation. The protocol is designed to balance the need to protect sensitive information with the defendant's right to a fair defense.
Significance: This document establishes the protocol for handling sensitive information in a criminal case, particularly images or videos of a sexual nature, ensuring they are properly marked, used only for the defense, and not disclosed improperly.
Key Topics: Handling of Highly Confidential Information Designation and De-designation of Confidential Documents Use of Confidential Information in Legal Proceedings
Key People:
  • Defense Counsel - Representing the Defendant in the criminal action
  • The Defendant - The individual being defended by Defense Counsel
  • The Government - Prosecuting party in the criminal action

Full Text

Government shall clearly mark all such pages or electronic materials containing Highly Confidential Information with "highly confidential" stamps on the documents or materials themselves. 12. Highly Confidential Information contains nude, partially-nude, or otherwise sexualized images, videos, or other depictions of individuals. 13. Defense Counsel may, at any time, notify the Government that Defense Counsel does not concur in the designation of documents or other materials as Highly Confidential Information. If the Government does not agree to de-designate such documents or materials, Defense Counsel may thereafter move the court for an Order de-designating such documents or materials. The Government's designation of such documents and materials as Highly Confidential Information will be controlling absent contrary order of the Court. 14. Highly Confidential Information disclosed to Defense Counsel during the course of proceedings in this action: a) Shall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action;