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ORDER ON DISCOVERY REGARDING MLAT 

MATERIALS- 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

HENRY C. ROSENAU,

Defendant.

CASE NO. CR06-157MJP

ORDER ON DISCOVERY 

REGARDING MLAT MATERIALS

This matter comes before the Court on Defendant Henry Rosenau’s motion for 

preservation of evidence and to compel discovery. (Dkt. No. 102.)

In his motion, Defendant Rosenau asserted that the Government’s refusal to provide 

Defense Counsel with “any and all MLAT materials . . . has impeded Defense Counsel’s ability 

to fully prepare a defense under the Speedy Trial Act.” (Id. at 2.) Defendant’s motion expressly

stated “[t]here is no claim that the requested materials would be discoverable pursuant to Jencks, 

Brady or Giglio matters.” (Id. at 2, n.1.) The Government responded by arguing that, except as 

Rule 16(a)(1) provides, Rule 16(a)(2) protects it from turning over most internal government 

documents made in connection with the investigation or prosecution of the case. (Fed. R. Crim. 

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ORDER ON DISCOVERY REGARDING MLAT 

MATERIALS- 2

P. 16(a)(1-2); Dkt. No. 116 at 2.) It also argued that both the U.S. and Canadian governments 

“view MLAT requests as confidential and protected sovereign speech and not open to individual 

claims or causes of action.” (Id.)

After reviewing the motion and the Government’s response, the Court determined that, 

while the Government has a valid interest in protecting internal legal documents, including the 

substance of negotiations with the Canadian government, “certain elements of the MLAT 

materials, including the dates of communications with the Canadian government, may be 

relevant for the Defendant’s ability to prepare a defense concerning the Speedy Trial Act.” (Dkt. 

No. 126 at 1-2.) The Court therefore ordered the Government to turn over MLAT materials to the 

Court for in camera review by April 24, 2012. (Id. at 2.)

Pursuant to the Court’s order, the Government turned over materials related to its MLAT 

request to the Court for in camera review on April 24, 2012. The Court reviewed these materials, 

and on April 26, 2012, ordered the government to prepare a revised set of materials redacting 

“the specific advice and/or information received or sent,” but leaving “the date each MLATrelated communication was initiated, the sender and recipient of each communication, and 

enough material to identify the subject of each communication and that each communication 

related to Mr. Rosenau.” (Dkt. No. 136 at 1-2.) The Government submitted these redacted 

materials to the Court for in camera review on the afternoon of April 27, 2012. 

After reviewing these materials, the Court believes that the Government’s most recent 

submission satisfies its Constitutional duties to turn over information material to the Defendant’s 

speedy trial argument, while respecting the Government’s interest in not providing internal legal 

documents to the defense. 

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ORDER ON DISCOVERY REGARDING MLAT 

MATERIALS- 3

Marsha J. Pechman

United States District Judge

The Court hereby ORDERS that the Government turn over the latest redacted version of 

the MLAT materials to the Defendant by 12:00 p.m. on Monday, April 30, 2012. 

The clerk is ordered to provide copies of this order to all counsel.

Dated this 27th day of April, 2012.

A

Case 2:06-cr-00157-MJP Document 138 Filed 04/27/12 Page 3 of 3