The “Paul Burks filing everything he can in order to delay proceedings” circus continues.
The latest sees Burks’ request an evidentiary hearing, pertaining to ‘
the government’s seizure and handling of confidential and privileged communications
‘.
Before we get into that though, a decision on
Burks’ request for a jury questionnaire
has been made…
Judge Cogburn’s brief 14th of June order on the request states that
the court does not find the proposed questionnaire helpful as the undersigned will ask initial questions and counsel will have an opportunity to ask their own questions, subject to oversight by the court.
Burks’ aforementioned motion for an evidentiary hearing alleges
the government sought and obtained Mr. Burks’ emails from two Google accounts by way of search warrants.
At the time the search warrants were sought and executed, the government knew that Mr. Burks had counsel and that his email accounts contained confidential and privileged communications with his attorneys.
Rather than employ a “taint team,” work with undersigned counsel to segregate confidential and privileged communications, or employ some other meaningful screening process to handle these communications and protect Mr. Burks’ Sixth Amendment rights, the government had the U.S. Secret Service conducted a self-directed and unilaterally defined search of the emails.
The irregular process employed exposed case agents to confidential and privileged communications.
These case agents—the same ones charged with seizing, handling, and reviewing these confidential and privileged communications—subsequently engaged in dozens of witness interviews.
Burks’ attorney claims to have thus far identified some ‘
148 confidential and privileged communications that have been in the possession of the prosecution team since before Mr. Burks was indicted.
‘
The DOJ has previously addressed this issue, stating that ‘
it “took a very conservative approach with regard to the potentially privileged emails within the search materials.”
‘
Burks asserts ‘
there is good cause to question this claim based on the circumstances of the search and seizure of (his) communications
‘.
A sealed memorandum has been filed in support of Burks’ request for an evidentiary hearing.
With Burks’ criminal trial now just over two weeks away (July 5th), it’s likely an evidentiary hearing would cause a delay. Something Burks and his attorney’s are no doubt acutely aware of.
As to the merits of Burks’ filing, if the court has previously been satisfied with the DOJ’s approach to Burks’ potentially privileged emails, I’m not seeing what the problem is.
Sounds little more than a bid to get an eleventh-hour hearing in, during which Burks’ attorney would no doubt throw copious amounts of mud in the hope that some sticks, resulting in the criminal trial being delayed.
Stay tuned for a decision on the matter.
In related news, the DOJ filed a response to Burks’ earlier filing requesting a tax fraud related in
🤖 Quick Answer
What was Judge Cogburn's ruling on Paul Burks' jury questionnaire request?
Judge Cogburn denied Burks' request for a jury questionnaire on June 14th, determining that the proposed questionnaire was not helpful. The court stated it would conduct initial questioning, with counsel permitted to ask additional questions under judicial oversight.
Why did Paul Burks request an evidentiary hearing?
Burks requested an evidentiary hearing to challenge the government's seizure and handling of confidential and privileged communications. His motion alleged that the government obtained his emails from two Google accounts through search warrants.
What pattern of legal filings has Paul Burks demonstrated?
Burks has filed multiple motions reportedly intended to delay legal proceedings. These include requests for jury questionnaires and evidentiary hearings, which courts have addressed through various rulings and denials.
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