DOJ-OGR-00000665.pdf

Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 27 of 86 27 J8RsEPS1 he was deeply troubled by the alleged Brady violations. I represented the prosecutors in that case, so I'm very, very familiar with it. It is analogous. It is a situation where there was tremendous controversy over what happened in the case and whether or not the prosecutors went off the reservation. Judge Sullivan -- and there were three or four independent -- not independent, DOJ inquiries into the very same matter. But Judge Sullivan wanted his own opportunity to make a judgment with his own independent investigation. THE COURT: OK. MR. WEINBERG: If I could just add one precedent, your Honor. The Chief judge in the District of Massachusetts or the Chief Judge at the time, Judge Wolf, in a case called U.S. v. Fleming, when the conditions at Walpole, which is a state prison where federal prisoners were being held -- we don't have a federal MCC in Boston -- went to the prison, stayed in the prison to determine whether or not the complaints about the conditions were authentic. I think your Honor has the inherent authority to go to the ninth floor and see how the MCC houses pretrial detainees. Thank you. THE COURT: Are you saying that whether or not the motion is granted that is pending before us? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000665