DOJ-OGR-00022068.jpg

Case 1:19-cr-00830-AT Document35 Filed 04/24/20 Page6 of 34 PRELIMINARY STATEMENT The Government respectfully submits this memorandum of law in opposition to defendant Michael Thomas’s motion to compel discovery. (Dkt. No. 33) (“Mot.”). Thomas seeks an order compelling the Government to collect materials that are not in its possession, not discoverable under any legal basis, and not related to any legally cognizable defense. Thomas’s motion is entirely without merit and should be denied.! Thomas concedes that the Government has produced a “multitude” of discovery directly relevant to the charges against him. (Mot. 6). Nonetheless, he seeks an order compelling the Government to collect and produce additional materials that he believes would support his purported defenses, namely, that he committed the offenses because of staffing issues and supervisory lapses, and that he was singled out for prosecution. Specifically, Thomas seeks: (1) a copy of a report being prepared by the Department of Justice, Office of the Inspector General (“DOJ-OIG”), which does not yet exist and would principally be based on the same primary materials that the Government produced to Thomas in December 2019 (Mot. 5, 8-9); (ii) reports and documents prepared by the Bureau of Prisons (“BOP”) and other agencies who were not and are not members of the prosecution team (Mot. 6-7); (ii1) reports and documents related to “any and all [Metropolitan Correctional Center (““MCC”)] employees” who have engaged in “the same or similar conduct,” including an incident in “2005 or 2006” where officers failed to conduct counts or rounds and an inmate committed suicide (Mot. 6); and (iv) reports, statistics, and documents related to purported staffing issues, supervisory lapses, and the application of BOP ' Tova Noel did not file any pretrial motions, and has not joined in Thomas’s pretrial motions. See Fed. R. Crim. P. 12(c)(3) (“Ifa party does not meet the deadline for making a Rule 12(b)(3) motion, the motion is untimely. But a court may consider the defense, objection, or request if the party shows good cause.”). DOJ-OGR- 00022068