Do military (DoD) lawyers know the meaning of “Brady material?”

Personally, from experience, I'm not sure they do.  However, Judge Emmett Sullivan, of the D.C. for D.C. doesn't think so.

Here is an item on The BLT: The Blog of LegalTimes, Judge Threatens Justice Lawyers With Contempt Over Detainee Documents, 13 March 2009.

So-called Brady rules require prosecutors to hand over
information to defense attorneys that might prove a client’s innocence.
In an earlier filing, the Justice Department said it would be
“unfeasible” to allow only its own prosecutors, who generally have Brady
experience, to review detainee evidence. Right now, much of that
material is initially inspected by attorneys from the Department of

“The government’s argument raises the disturbing implication that
the attorneys conducting the review in this and other habeas cases (who
presumably are not criminal prosecutors from DOJ) do not have the
necessary experience with and knowledge of the government’s Brady
obligations,” Sullivan wrote.

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One response to “Do military (DoD) lawyers know the meaning of “Brady material?””

  1. Not surprised | Court-Martial Trial Practice says:

    […] Do military (DoD) lawyers know the meaning of “Brady material?” […]

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