{
  "document_metadata": {
    "page_number": "19",
    "document_number": "134",
    "date": "02/04/21",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-AJN Document 134 Filed 02/04/21 Page 19 of 23\n\nHad known the truth, likely would not have granted the government's application to modify the Protective Order to allow to comply with the subpoena.\n\n3. The government violated due process.\nThe government's conduct cannot be squared with elemental due process. U.S. CONST. amend. V. Pursuant to this guarantee, \"[t]he responsibility of a public prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict.\" Young v. United States, 481 U.S. 787, 803 (1987). The government engages in misconduct and violates due process when it materially misrepresents facts before a court. See United States v. Valentine, 820 F.2d 565, 570 (2d Cir. 1987) (holding that the government violated due process and reversing conviction when the government mischaracterized the substance of grand jury testimony).\n\nThe prosecutor may well have known that his representations to were false (or at best misleading). But the Assistant U.S. Attorney's personal knowledge doesn't matter. \"An individual prosecutor is presumed . . . to have knowledge of all information gathered in connection with his office's investigation of the case.\" United States v. Avellino, 136 F.3d 249, 255 (2d Cir. 1998); see also Giglio v. U.S., 405 U.S. 150, 154 (1972) (\"The prosecutor's office is an entity and as such it is the spokesman for the Government. A promise made by one attorney must be attributed, for these purposes, to the Government.\") At the barest minimum, a federal prosecutor has a duty to check the entire file to ensure that his representations to a federal judge, submitted on behalf of the office he serves and under oath, are true and complete. The Assistant U.S. Attorney did not discharge that basic function.\n\n14\nDOJ-OGR-00002366",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-AJN Document 134 Filed 02/04/21 Page 19 of 23",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Had known the truth, likely would not have granted the government's application to modify the Protective Order to allow to comply with the subpoena.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "3. The government violated due process.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "The government's conduct cannot be squared with elemental due process. U.S. CONST. amend. V. Pursuant to this guarantee, \"[t]he responsibility of a public prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict.\" Young v. United States, 481 U.S. 787, 803 (1987). The government engages in misconduct and violates due process when it materially misrepresents facts before a court. See United States v. Valentine, 820 F.2d 565, 570 (2d Cir. 1987) (holding that the government violated due process and reversing conviction when the government mischaracterized the substance of grand jury testimony).",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The prosecutor may well have known that his representations to were false (or at best misleading). But the Assistant U.S. Attorney's personal knowledge doesn't matter. \"An individual prosecutor is presumed . . . to have knowledge of all information gathered in connection with his office's investigation of the case.\" United States v. Avellino, 136 F.3d 249, 255 (2d Cir. 1998); see also Giglio v. U.S., 405 U.S. 150, 154 (1972) (\"The prosecutor's office is an entity and as such it is the spokesman for the Government. A promise made by one attorney must be attributed, for these purposes, to the Government.\") At the barest minimum, a federal prosecutor has a duty to check the entire file to ensure that his representations to a federal judge, submitted on behalf of the office he serves and under oath, are true and complete. The Assistant U.S. Attorney did not discharge that basic function.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "14",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00002366",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [],
    "organizations": [
      "U.S. CONST.",
      "United States",
      "Giglio v. U.S.",
      "United States v. Avellino",
      "United States v. Valentine",
      "Young v. United States"
    ],
    "locations": [],
    "dates": [
      "02/04/21",
      "1987",
      "1998",
      "1972"
    ],
    "reference_numbers": [
      "1:20-cr-00330-AJN",
      "134",
      "481 U.S. 787",
      "820 F.2d 565",
      "136 F.3d 249",
      "405 U.S. 150",
      "DOJ-OGR-00002366"
    ]
  },
  "additional_notes": "The document appears to be a court filing with redactions."
}