Mueller Won’t Let Defendants See the Evidence in Russian Troll Case


Special Counsel Robert Mueller indicted 12 Russian nationals and firms for interference in the 2016 election after they placed ads and established profiles on social media. Mueller was taken by surprise when one of those firms, Concord Management and Consulting, hired U.S. lawyers to fight it in court.

The thinnest of evidence makes up Mueller’s case.


The judge issued a protective order for the ‘sensitive’ documents. Only lawyers can see these documents. Lawyers for the defendants asked the court to allow them to share protective order documents with their client so they can provide a proper defense. [Links to the filings at Lawfare.]

Concord wants to share the documents Mueller deemed ‘sensitive,’ but not classified with their clients.  Special Counsel has declared 3.2 million documents ‘sensitive’ out of the 4 million documents submitted.

Almost everything is ‘sensitive’?

In Concord’s motion, they assert that the “government has grossly over-designated documents as ‘sensitive.'” The motion states:

“Based upon what has been disclosed to date, this allegedly “sensitive” discovery includes a massive amount of irrelevant data ranging from promotional emails for airlines to personal correspondence, even including personal naked selfie photographs. Despite the fact that much of this allegedly sensitive material is irrelevant to the charges against Concord, the Special Counsel’s over-designation creates a massive problem for defense counsel in trying to identify what is relevant and/or exculpatory.”

As reported in previous articles on the Sentinel, Special Counsel is flooding the zone with crap to distract and obfuscate.

You have likely heard about the “naked selfie” referred to in that paragraph. Without evidence, social media went wild over it and claimed it was a photo of Donald Trump. They even went further to state it was more proof of Russia collusion. Democrats see no sense in waiting for evidence when the defendant is a Republican.

Law & Crime asked the firm’s attorneys who is in the picture, but there is no response yet.

No, you can’t have the evidence!

Special Counsel opposed Concord’s attorneys sharing any information with them and filed a secret memorandum with the court.

In his motion, Concord’s attorney Eric Dubelier calls it a “make-believe case.”

The quotable Mr. Dubelier writes: “The Special Counsel has made up a crime that has never been prosecuted before in the history of the United States, and now seeks to make up secret procedures for communicating to the court which have never been employed in any reported criminal case not involving classified discovery.”

He states that counsel has not presented any recorded case in which a corporate defendant was denied discovery.

The defense says Mueller is moving the goalposts.

Mueller seeks to invoke the Classified Information Procedures Act (“CIPA”) even though the information is not classified. Mr. Dubelier says Mueller’s deliberately making it impossible for them to defend the case until appeal.

Since the beginning, Mueller has said none of the information is classified.

The defense attorney asks: “Could the manner in which [the Special Counsel] collected a nude selfie really threaten the national security of the United States?”

They don’t think much of the naked selfie and social media should take a cue from that.


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4 years ago

The WHOLE doj/fbi/federal system is corrupt and anti Ameircan
Never trust or believe a word ANY employee says

4 years ago

These vermin should be sentenced to death.

4 years ago

Mueller has either nothing or next to nothing. He’s hoping to get them on the witness stand and trick them into saying something different than what the documents say they said. Then he gets them for perjury. That’s why he doesn’t want them to see the documents.

4 years ago

The defense is entitled to see ALL evidence. Not just the lawyers, but the defendant. The lawyers are only there to represent the defendant’s defense to the court. They have no separate interest in the proceedings. They are an just extension of the defendant. No discovery? No prosecution. Charges dismissed. The ham sandwich may go it’s merry way.

John Acord
John Acord
4 years ago

I pray all who read this understand that Muller and his gang have used these same tactics against hundreds of defendants in the past. There are hundreds of men and women whose lives have been ruined, who have spent decades in prison, and have suffered irreparable loss of fortune and reputation at the hands of these monsters. They must be brought to justice, their crimes exposed, and sent to the darkest hole we can find for the remainder of their pitiful, evil lives.