CONSENT MOTION TO
ADJOURN THE CLASSIFIED DISCOVERY AND CIPA SCHEDULE
The United States of America, by and through its attorney, Special Counsel John H.
Durham with the consent of defense counsel, respectfully moves this Honorable Court, pursuant
to the Classified Information Procedures Act (“CIPA”), 18 U.S.C. App. III §§ 1-16, to adjourn
the deadline for production of classified discovery, which is currently set for March 29, 2022.
The government also respectfully requests that the Court reset the CIPA filing schedule in
accordance with the proposed schedule set forth below. The government has consulted counsel
with counsel for the defendant and they do not object to the adjournment and extension of filing
deadlines. The proposed dates would not result in an adjournment of the October 11, 2022 trial
date or any other associated deadlines.
To date, the government has produced over 60,000 documents in unclassified discovery.
A portion of these documents were originally marked “classified” and the government has
worked with the appropriate declassification authorities to produce the documents in an
unclassified format. However, recent world events in Ukraine have contributed to delays in the
production of classified discovery. The officials preparing and reviewing the documents at the
FBI and intelligence agencies are heavily engaged in matters related to Ukraine. Nevertheless, the government will produce a large volume of classified discovery this week and will continue
its efforts to produce documents in classified discovery on a rolling basis, and no later than the
proposed deadlines set forth below.
For the Court’s consideration, the government, in consultation with defense counsel,
proposes the following pretrial deadlines:
Deadline to produce classified discovery: May 13, 2022
Government’s Section 4 filing: May 31, 2022
Ex parte Section 4 hearing: June 8, 2022
Defendant’s Section 5(a) written notice: June 22, 2022
Government’s response to defendant’s Section 5(a): July 12, 2022
Defendant’s reply: July 19, 2022
Respectfully submitted,
JOHN H. DURHAM
Special Counsel
https://storage.courtlistener.com/recap/gov.uscourts.vaed.515692/gov.uscourts.vaed.515692.44.0_1.pdf