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Protective Order request

Protective Order request

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23K views

Protective Order request

Protective Order request

Uploaded by

aswarren77
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Case 3:24-cr-00103-DPJ-LGI Document 49 Filed 12/09/24 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

UNITED STATES OF AMERICA

v. CRIMINAL NO. 3:24-cr-103-DPG-LGI

JODY OWENS II,


CHOKWE ANTAR LUMUMBA, and
AARON B. BANKS

UNITED STATES’ MOTION FOR A PROTECTIVE ORDER


CONCERNING DISCOVERY MATERIAL

Pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, the United States,

through its undersigned attorneys, requests that this Court enter a protective order to govern the

disclosure of discovery material in this case. The protective order seeks to protect the disclosure

of personal identifiable information, financial information, grand jury testimony and other

sensitive witness statements, and would protect the integrity of ongoing criminal investigations

related to this case. The government has consulted with defense counsel for all defendants and

understands that Mr. Owens and Mr. Lumumba have no objection to the court entering the

proposed protective order. Mr. Owens requests to reserve the right to later move the Court to

expand the protective order to include the prosecution team as well as the defense. Mr. Banks has

no objection to a protective order, but objects to the inclusion of names of witnesses as an

additional restriction on public disclosure in motion practice.

Federal Rule of Criminal Procedure 16(d)(1), provides that “[a]t any time the court may,

for good cause, deny, restrict, or defer discovery or inspection, or grant other appropriate relief.”

Fed. R. Crim. P. 16(d)(1). The United States plans to produce or otherwise make available to the

defense discoverable material containing confidential and sensitive information relating to the
Case 3:24-cr-00103-DPJ-LGI Document 49 Filed 12/09/24 Page 2 of 3

United States’ investigation. This information includes the entirety of witness interviews, grand

jury transcripts, and recorded interviews of 3rd party witnesses. If this information were to be

publicly disclosed, such disclosure might impede other investigations, substantially impair the

privacy of third-party witnesses, and jeopardize the defendants’ right to a fair trial. See, e.g., United

States v. Miramontez, 995 F.2d 56, 59 (5th Cir. 1993) (“The proper functioning of the grand jury

system depends upon the secrecy of grand jury proceedings.”). Entry of a protective order

governing discovery is appropriate to ensure that materials provided in discovery are used only for

purposes of litigating this case and not for any other reason, such as releasing sensitive witness

statements or law enforcement materials to the media in an effort to influence the potential jury

pool.

Moreover, some of the material to be disclosed by the United States will contain sensitive

information regarding witnesses, such as personal identifiers, addresses, and telephone numbers.

The United States also anticipates that it will provide to the defense a significant volume of

financial records, emails, text messages, and tax records, including information concerning third

parties. This Court has the discretion to issue a protective order to prohibit unwarranted disclosure

of such materials. See Alderman v. United States, 394 U.S. 165, 185 (1969) (“[T]he trial court can

and should, where appropriate, place a defendant and his counsel under enforceable orders against

unwarranted disclosure of the materials which they may be entitled to inspect.”); United States v.

Morales, 807 F.3d 717, 722-24 (5th Cir. 2015) (affirming denial of defendant’s motion to modify

a protective order governing discovery).

This proposed order would permit the government to disclose unredacted discovery

material to the defense and will enable the government to protect various interests involved in the

case, including the defendants’ interest in full and efficient discovery. Accordingly, the United
Case 3:24-cr-00103-DPJ-LGI Document 49 Filed 12/09/24 Page 3 of 3

States requests: (1) that a protective order be entered as to all discovery materials provided in this

case; (2) that such materials be handled pursuant to the procedures outlined in the proposed order

submitted contemporaneously with this motion; and (3) that those materials be disclosed or

disseminated only in accordance with the proposed order, unless and until that order is modified

by the Court.

WHEREFORE, the United States requests that the Court issue a Protective Order.

Respectfully submitted, December 9, 2024.

TODD W. GEE COREY R. AMUNDSON


United States Attorney Chief, Public Integrity Section
U.S. Department of Justice

/s/ Kimberly T. Purdie /s/ Nicholas W. Cannon


Kimberly T. Purdie (Miss. Bar No.: 104168) Nicholas W. Cannon
Charles W. Kirkham (Miss. Bar No.: 102022) Madison H. Mumma
501 E. Court St., Ste. 4.430 Trial Attorneys
Jackson, MS 39201 Public Integrity Section
Telephone: (601) 965-4480 Criminal Division
Fax: (601) 965-4035 U.S. Department of Justice
[email protected] Tel: (202) 514-8187
[email protected] [email protected]
[email protected]

CERTIFICATE OF SERVICE

I hereby certify that this day, I electronically filed the foregoing with the Clerk of the Court

using the ECF system which sent notification to all ECF participant(s) of this record.

Dated: December 9, 2024

s/Nicholas W. Cannon
Nicholas W. Cannon
Trial Attorney

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