The US Attorney's Office in Miami has objected to the motion, filed by counsel for accused Colombian money launderer, ALEX NAIN SAAB MORAN, for additional discovery, classifying it as Brady vs. Maryland* material, from a number of US Government agencies*, as "a pure fishing expedition for things that cannot constitute Brady material, and the material sought cannot deem Saab Moran immune from prosecution."
In a filing co-signed by a representative of the DOJ Criminal Division in Washington, and captioned United States' Response in Opposition to Defendant's Motion to Compel Production of Discovery Materials, the Government points out:
1. the Government has already provided all the material it has in response to its Brady and Discovery obligations (Response at 3).
2. Two courts in Cabo Verde "considered and rejected Moran's claims of Diplomatic Immunity (Response at 4). To reconsider those decisions would violate the Act of State Doctrine (Response at 5).
3. Saab's extradition therefore did not violate Due Process.
4. Therefore, the Discovery sought "are unable to yield any information that would be material to his guilt, innocence, or any punishment" (Response at 5).
Saab does not have immunity in the United States under the Diplomatic Relations Act, and any Discovery that mentions him, provided in response to his request for additional information does not fall within ther scope of Brady material.
* Departments of State, Defense, Justice and Treasury.