Federal Prosecutor Guide Book Exempt from Freedom of Information Act

The Federal Criminal Discovery Blue Book, used by federal prosecutors in preparing for discover, is exempt from the FOIA due to its status as attorney work-product

N.A. of Criminal Def. Lawyers v. U.S. Dep't of Justice Exec. Office for U.S. Attorneys, 2016 BL 230755, D.C. Cir., No. 15-5051, 7/19/16

The D.C. Circuit affirmed a lower court’s ruling that the Federal Criminal Discovery Blue Book used by federal prosecutors was exempt to the Freedom of Information Act (FOIA). The lower courts held that the Blue Book was privileged attorney work-product, which is exempted from the FOIA under Exemption Five. This exemption permits the government to withhold documents that would be privileged in civil litigation.

Although the Blue Book was not created in preparation for any specific litigation, the use for general litigation and it likelihood of being used “sufficiently…warrant application of the work-product privilege.” The court further held that the strategic advice in the book was so integrated that it would be unreasonable to produce the portions of the book that are not work-product.

http://www.bloomberglaw.com/public/document/Natl_Assn_of_Criminal_Def_Lawyers_v_DOJ_No_155051_2016_BL_230755_.

Defendant's Threats Don't Require Prosecutor to Quit

A county prosecutor was not required to disqualify herself from a criminal case merely because the defendant was overheard saying she felt like shooting the prosecutor.

 

State v. Iowa Dist. Court for Dubuque Cty., 2015 BL 349425 Iowa, No. 1402161, 10/23/15

    The Iowa Supreme Court ruled, as many other courts have, that "threats alone are not sufficient to support a conflict of interest for a prosecutor which would require disqualification or recusal." The court intimated that to rule otherwise would not be realistic, because "[i]n an adversarial system, it is expected that a criminal defendant may hold negative views of the prosecutor."

    The main reasoning, to not disqualify prosecutors who are threatened, is to avoid incentivizing threatening behavior of defendants. Defendants should not have the power to change the prosecutors through threats. The court did rule that disqualification is appropriate when there is an actual conflict, such as when the prosecutor is a witness, or has a personal interest in the case.

http://www.bloomberglaw.com/public/desktop/document/State_v_Iowa_Dist_Court_for_Dubuque_Cty_No_142161_2015_BL_349425_?1448900951