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United States v. McConnell

United States District Court, D. Minnesota

January 18, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LACHLAN SCOTT MCCONNELL (6); Defendants.

          Jacqueline Blaesi-Freed, Linda I. Marks, U.S. Department of Justice, Consumer Protection Branch, and Roger J. Gural, U.S. Department of Justice, Civil Division, for the United States of America.

          Marie Celine Pacyga and Ryan M. Pacyga, Pacyga and Associates, John Marti, Dorsey & Whitney LLP, for Defendant Lachlan Scott McConnell.

          ORDER

          SUSAN RICHARD NELSON United States District Judge

         This matter is before the Court on Defendant Lachlan Scott McConnell's (“McConnell”) request to make an ex parte proffer regarding the discoverability and usefulness of certain classified documents. (See Doc. Nos. 724, 746.[1]) For the reasons set forth below, McConnell's request is granted.

         During discovery in this matter, thirteen documents that contain classified materials (the “Classified Documents”) were found in McConnell's possession. These documents cover a variety of subjects that span several decades and involve locations around the world. They contain several Power Point presentations and a few memoranda. Very few of the Classified Documents specifically identify McConnell as a recipient. The Government, by way of an email to the Court dated January 18, 2017, provided the following unclassified identifying information about the Classified Documents:

1. AFSOC Use of FalconView.pdf - a 10-slide deck (2001)
2. ANNEX 4 KILLING OF THE OTAZAs2015102015250591.pdf - a 2-page memorandum with SECRET cover sheet dated October 20, 2015
3. CEXC THREAT BRIEF - a 51-slide deck
4. entry #1089349 - an email dated December 5, 2015
5. entry #69788385 - an email, with attachment, dated May 27, 2004
6. IAWG.BK! - a 3-page document (1989)
7. IAWG.J-3 - a 3-page document (1989)
8. ModifiedEOD[66186] - a ...

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