That law requires the government to disclose to the defense any prior statement made by a witness, written or otherwise recorded, that is in the government’s possession. It also mandates that the government disclose any information that is material to the preparation of the defense (such as evidentiary exhibits that the prosecution plans to introduce into evidence). Finally, the government must produce any exculpatory evidence — meaning, any evidence that (a) suggests the accused is not guilty, (b) contradicts the prosecution’s theory of the case, or (c) could be used to impeach a witness’s testimony.

James Comeys Memos by Syndicated News SNN.BZ on Scribd

Comey’s notes may fall into all three of those disclosure categories. Let’s imagine that Democrats get their dream scenario: President Trump is charged with obstruction. (As I’ve observed several times — see, for instance, here and here – there is no prosecutable obstruction case, but let’s stick with the hypothetical.) Comey could be a witness at trial; his memos could be evidence; and the memos contain exculpatory information (e.g., Comey’s recollection of Trump’s actual words expressing “hope” that the FBI would drop the Flynn investigation is inconsistent with the inference Comey now draws that Trump was ordering him to drop the Flynn investigation).

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