Sunday, April 16, 2006
How many times does defense counsel complain that the government is failing to release discovery material? And now we are seeing a different sought of response. A defendant arguing that the public release of discovery is a pressure to obtain a plea. According to the Washington Post here the government released emails between David Safavian and Jack Abramoff concerning Abramoff's dealings.
These past few years we have seen a continual use of emails in criminal cases. In one case the email was used as a basis of an obstruction of justice count. In other cases emails have been evidence to support statements of a witness. And in some cases the contents of the emails are incriminating the defendant. What happens when a generation of individuals who were not raised on email traffic are suddenly thrust into this new age?