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Case 1:19-cr-00830-AT Document35 Filed 04/24/20 Page 20 of 34 irrelevant matters, such as what “led” him to the criminal conduct or the broader “context” in which he committed specific criminal acts. There is no basis to compel production of evidence related to those matters under Rule 16, Brady, or Giglio because they are not material and because the evidence sought is in furtherance of a transparent attempt at nullification. Thomas’s motion should be denied on this basis alone. C. The Government is Not Required to Collect Materials From Agencies Who Were Not Part of the Prosecution Team Thomas asks the Court to compel the Government to produce “any reports, witness statements, memorandum, and documents from any separate investigation conducted by the BOP,” “documents, reports, witness statements and disciplinary records of any and all MCC employees who have engaged in the same or similar conduct,” and any previously undisclosed reports, witness statements, and documents created by “any other federal agencies that investigated the circumstances surrounding the death of Jeffrey Epstein.” (Mot. 4, 7 (emphasis added)). Even if Thomas had satisfied the materiality requirement under Rule 16 or Brady with respect to these items—and he has not—Thomas’s motion would still fail because the materials he seeks are not in the prosecution team’s possession. The BOP is not, and never has been, part of the prosecution team. Nor did the BOP conduct an investigation jointly or in coordination with the prosecution team.° To require the Government to obtain and produce any records from the BOP from a separate investigation, as well as evidence that would support Thomas’s purported (and improper, for the reasons discussed in Part II.B, ® The defendant claims, based on a CNN article, that the U.S. Marshal Service (“USMS”) conducted an investigation. The Government is unaware of such an investigation, and in any event, any such inquiry by the USMS was not conducted jointly or in coordination with the prosecution team. 15 DOJ-OGR- 00022082