Who's Responsible For Turning Over Brady Material?
This is something I was discussing with my wife at dinner yesterday--really!
I was explaining that, despite all the talk of the FBI concealing documents, the responsibility for turning over Brady material--exculpatory material--actually belongs to the prosecutor(s). Obviously, if the FBI becomes aware that the prosecutors aren't performing their duties the FBI is culpable as well, but investigators aren't charged with the same legal understanding as prosecutors.
I was reminded of this by a Techno Fog tweet just now, which lays out DoJ Regs:
Techno Fog
@Techno_Fog
Flynn prosecutor Brandon Van Grack has zero excuses for not producing this info.
Per DOJ regs:
"The investigative agency’s entire investigative file. . . should be reviewed for discoverable information."
How would you like to be in Van Grack's shoes right now? I'll bet he's been asked to respond to some pretty difficult questions already. And don't imagine Van Grack is the only prosecutor who was aware of the Brady material that wasn't turned over. It all goes to prove conspiratorial intent.