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Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 13 of 34

demand for it. 267 F.3d at 146. The court held that as a general rule, Brady and its progeny do not require immediate disclosure of all impeachment material upon a defendant’s request. Id. It found that the time required for its effective use would depend on the materiality of the evidence as well as the particular circumstances of the case, and suggested that district courts may order disclosure of material it deems material as a matter of case management. Id. As described above, the Government disclosed reports and notes of witness statements as part of its discovery productions, such that the defendants will have possessed substantial material that may serve as potential impeachment evidence for one year in advance of trial.

B. Rule 16

Rule 16 of the Federal Rules of Criminal Procedure requires the Government to permit the defendants to inspect and copy documents and objects within the Government’s possession, custody, or control if the items are material to preparing the defense, if the Government intends to use them in its case-in-chief at trial, or if the items were obtained from or belong to the defendant. Fed. R. Crim. P. 16(a)(1)(E). An item is “material to preparing the defense” under Rule 16 “if it could be used to counter the Government’s case or bolster a defense.” United States v. Stevens, 985 F.2d 1175, 1180-81 (2d Cir. 1993).

II. Thomas is Not Entitled to Additional Materials

A. The Government Has Satisfied its Discovery and Disclosure Obligations

As an initial matter, the Government is aware of, has satisfied, and will continue to satisfy its discovery and disclosure obligations.

The Government has met its Rule 16 discovery and disclosure obligations. As set forth above, the Government has produced an expansive amount of discovery, which includes among other things, hundreds of hours of video surveillance going back to July 5, 2019 (despite the fact

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