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DOJ Files “Foreign Official” Response Brief In O’Shea Matter

With attention focused on the “foreign official” challenge in the Lindsey matter pending in the C.D. of California (a ruling may soon occur), the DOJ yesterday filed (here) its “foreign official” response brief in the O’Shea matter pending in the S.D. of Texas. See here for the prior post.

The DOJ’s response is substantively similar to its response in the Lindsey matter. See here for the prior post.

In its O’Shea response, the DOJ attaches the same declaration of Clifton Johnson (Assistant Legal Adviser for Law Enforcement and Intelligence in the Legal Adviser’s Office of the United States Department of State) as it filed in the Lindsey matter. See here for the prior post. As noted in this prior post, the judge in the Lindsey ordered the declaration be stricken.

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