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Case 1:19-cr-00830-AT Document 26 k1lu2NoeC kjc Filed 02/10/20 Page 6 of 15 6 1 high likelihood that I'm going to file a motion to dismiss the 2 indictment based on selective prosecution. I do believe that 3 if certain portions of that motion are granted, then that's 4 going to entitle the defense to additional discovery that we 5 haven't even received yet. 6 So with the request that we are asking for, we are 7 also having an opportunity to kind of see -- I know kind of the 8 things that are going to happen or potentially will happen, so 9 instead of just trying to come back here three or four times to 10 say this is happening, we can kind of just do this now and 11 realize that that motion will probably be filed. That may 12 create other issues with respect to discovery. 13 Also, your Honor, I have also made a specific request 14 under Rule 16 that the defense wants whatever investigation was 15 done and whatever information there is that is discoverable 16 with respect to the Inspector General's report. It is my 17 position that we are entitled to that information. It is an 18 investigation of the same incident. It is an investigation of 19 the circumstances with which my client is being charged. With 20 that being said, I do think that we are entitled to whatever 21 information was generated in those reports, so I believe that 22 also is going to cause a delay in the trial wherever we go with 23 that issue. 24 THE COURT: We already addressed that the last time. 25 (Pause) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00022009