(credit: Timothy Vollmer)
A lawyer representing a child pornography suspect in Washington state has told the federal judge overseeing the case that government prosecutors should essentially put up or shut up.
In a new Monday filing, Colin Fieman forcefully argued that the government must provide him and his client, Jay Michaud, access to the source code of the FBI’s "network investigative technique" (NIT). In this case, United States v. Michaud, the government has refused to do so, despite the fact that it did so in a related case in Nebraska, United States v. Cottom.
Fieman continued, noting that the court should note that the "actual NIT discovery is not classified, a fact that is otherwise hard to reconcile with the harms the Government claims might arise from its disclosure," and that the court could "fashion a protective order" that would prevent public disclosure of the NIT. If his efforts are successful, it would mark yet another ruling in favor of defendants in another one of the 135 "Operation Pacifier" child pornography cases that are being prosecuted nationwide.
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