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704 KB
Extraction Summary
3
People
4
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal filing / court document
File Size:
704 KB
Summary
This document is page 7 of a government legal filing (Document 35) from April 24, 2020, in the case against Michael Thomas and Tova Noel (the guards on duty when Jeffrey Epstein died). The prosecution argues against Thomas's motion to compel the production of BOP records and a DOJ-OIG draft report, stating these materials are irrelevant, not in the prosecution's possession, or privileged. The document also restates the facts of the November 19, 2019 indictment charging the defendants with conspiracy and making false records.
People (3)
| Name | Role | Context |
|---|---|---|
| Michael Thomas | Defendant |
Seeking discovery materials/records from the government; charged with falsifying documents.
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| Tova Noel | Defendant |
Charged alongside Michael Thomas in the indictment.
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| The Government | Prosecution |
Opposing Thomas's motion for additional discovery.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| BOP |
Bureau of Prisons; agency holding records sought by Thomas.
|
|
| Department of Justice |
Parent agency involved in the legal proceedings.
|
|
| DOJ-OIG |
Department of Justice Office of Inspector General; preparing a report mentioned in the discovery dispute.
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| MCC |
Metropolitan Correctional Center; place of employment for the defendants.
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Timeline (2 events)
Locations (1)
| Location | Context |
|---|---|
|
New York (implied by Case 1:19-cr-00830-AT context, specifically mentioned as workplace).
|
Relationships (2)
charging defendants Tova Noel and Michael Thomas in six counts
Thomas is not entitled to compel the Government to collect the additional records
Key Quotes (4)
"Thomas is not entitled to compel the Government to collect the additional records for at least four separate reasons."Source
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Quote #1
"First, the records are not 'material' to preparing a defense because they are wholly irrelevant to the false statement charges against Thomas and are intended to prompt jurors to nullify the charges against him."Source
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Quote #2
"Third, there is no legal basis to require the Government to produce a draft of the report being prepared by the DOJ-OIG, which is subject to the deliberative process privilege."Source
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Quote #3
"Indictment 19 Cr. 830 (AT) (the 'Indictment') was filed on November 19, 2019, charging defendants Tova Noel and Michael Thomas in six counts"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,059 characters)
Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 7 of 34
policies which relate to the “much larger context” at the BOP (Mot. 6, 7, 9, 10).
As an initial matter, the Government has satisfied its Rule 16, Brady, and Giglio obligations and is not in possession of the additional materials that Thomas seeks. More importantly, Thomas is not entitled to compel the Government to collect the additional records for at least four separate reasons. First, the records are not “material” to preparing a defense because they are wholly irrelevant to the false statement charges against Thomas and are intended to prompt jurors to nullify the charges against him. Second, the BOP records Thomas seeks are not in the “possession” of the prosecution team, and there is no legal basis for compelling the Government to collect materials from other agencies or components of the Department of Justice who are not and were not part of the criminal investigation that led to the charges against Thomas. Third, there is no legal basis to require the Government to produce a draft of the report being prepared by the DOJ-OIG, which is subject to the deliberative process privilege. Fourth, Thomas is not entitled to discovery relating to what happened to other MCC employees when they “falsif[ied] the same documents,” (Mot. 6), because he has utterly failed to identify evidence that the decision to prosecute him had a discriminatory effect and was motivated by a discriminatory purpose. Thomas’s motion should be denied in all respects.
STATEMENT OF FACTS
I. The Indictment
Indictment 19 Cr. 830 (AT) (the “Indictment”) was filed on November 19, 2019, charging defendants Tova Noel and Michael Thomas in six counts: (i) conspiring to defraud the United States and to make or use a false writing or document, in violation of Title 18, United States Code, Section 371 (Count One); and (ii) five counts of making or using a false writing or document, in violation of Title 18, United States Code, Sections 1001(a)(3) and 3 (Counts Two through Six).
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DOJ-OGR-00022069
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