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Case 1:19-cr-00830-AT Document 33 Filed 04/09/20 Page 9 of 38

1. The report of the Inspector General, as to both defendants, including, any and all supporting memorandums, written statements, photos, videos, and incident reports

The defendant is entitled to complete disclosure of the Inspector General's report.
Moreover, Mr. Thomas has a right to any and all information obtained in this investigation. Not only is it possible that this report contains additional witness statements but this report also has information that has not been furnished by the government in any capacity previously. Moreover, while the government would like to limit its discovery obligation to reports, videos and documents related specifically to night and early morning hours of August 10, 2019, the defense submits that there is a much larger context that lead to those events and the charges against Michael Thomas. Indeed, the Attorney General of the United States and the "acting" commissioner of the BOP opened an investigation that was precipitated by the events of August 10, 2019 but said investigation was much more expansive and in-depth. In November 2019, the "acting" commissioner Kathleen Hawks Sawyer stated at a congressional hearing under oath that there were more than 3300 vacancies within the BOP and she was surprised that the BOP was able to function with such issues. She went on to state that: "The vast majority of staff are good, hardworking employees, 'but they are tired because they are stretched.'" (See article attached as Exhibit E.) The broad depth of the Inspector General's report presumably was that there were a myriad of systematic issues affecting the BOP that allowed the events of August 10, 2019 and the death of Jeffrey Epstein to occur. Accordingly, the defendant is entitled to disclosure of any and all of this information, especially if it relates to his defense of the charges that have been initiated. It is the defendant's contention that this report may also contain Brady-Giglio material.
Indeed, the prosecutors in this case may be denying the defendant his right to this material without any knowledge of its contents. If so, this is a dereliction of their duty and denies Mr. Thomas important rights that are the foundation of our judicial system.

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