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Wednesday, December 16, 2015

Bridgegate Revisited: Federal Judge Slams Gibson Dunn For Not Taking Notes

The official law firm for the Office of the Governor of New Jersey was sharply criticized by a New Jersey federal judge today for not taking notes during its many interviews of witnesses in the "Bridgegate" scandal which has led to one guilty plea and two indictments thus far. 

Press coverage tonight is here from the Star-Ledger and the Record of Hackensack.  

Compare the judge's points with my own critique of the report is given in this April 2014 article

It seems the "hide the ball" strategy is consistent with some federal prosecutors' practice of refusing to tape record witness or target interviews -- because that tape would be evidence, and would prevent agents from using their subjective notes as the only evidence of what an interviewee said (allegedly) at any meeting with government agents. I addressed this danger in this May 2014 article. While the FBI is making progress in moving towards a policy of routinely recording interviews where such recording is beneficial to the interviewee, the agency's inclination to hide exculpatory evidence remains.

As such, the threats to the liberty of innocent Americans remain. 


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