Published on: Thursday, July 9, 2020

Federal prosecutors (article available here), under scrutiny for failing to turn over favorable evidence to a defendant, told the court they did not act in bad faith — even as emails showed them discussing whether they might try to 'bury' a document they were giving to the defense. The newly revealed email message described how one of the prosecutors found out that an important document had not been turned over to the defense, suggesting: "I'm wondering if we should wait until tomorrow and bury it in some other documents." Prosecutors in the Manhattan U.S. Attorney's Office made the disclosure in a letter to Judge Alison Nathan, who had demanded answers about the prosecution's failure to hand over evidence favorable to the defense and whether she had the power to impose sanctions against them.