The child pornography suspect busted in Washington state told the federal judge presiding over the case that the prosecutors need to put fourth some evidence or give up the fight.
Colin Fieman, Jay Michaud’s attorney, had argued that the prosecutors have to provide his client and himself access to the source code used in the FBI’s NIT. Thus far the government has denied the requests, even though they did in a previous case in Nebraska. Michaud’s attorney also stated the court must take into consideration that the actual NIT discovery isn’t classified, which goes against the defense of releasing the source code would be detrimental to the government as well as its request for a court order that would deny any kind of it’s disclosure.
If Fieman’s efforts succeed it would make it one more ruling in favor of the defendant in the overall 135 cases as a result of “Operation Pacifier”. So far two other judges have ruled to suppress evidence found using the NIT. The cases were those in Oklahoma and Massachusetts. In the same time span, Fieman has filed three different motion of discovery requests. Earlier in May, a defense attorney in a related case filed a