The Government will disclose seven days before trial any information in its possession that might be used to impeach a Government witness. Defendants' motion for the production of Brady impeachment material at least 60 days before trial should be denied. Requests 3 and 4 Defendants move for the production of statements attributed to Mr. Zak by third parties and statements made by co- conspirators. Defendants argue that because Fed. Defendants' Memorandum at 15.
Defendants cite no authority for their request.
Indeed, whether logical or not, the law in this circuit is absolutely clear. The defendants' failure to disclose the controlling and Page 7 unfavorable authority is disturbing. The Jencks Act has been recognized as the exclusive procedure for discovering statements made by Government witnesses. Defendants' motion for production of statements attributed to Mr. Zak by third parties and statements of co-conspirators should be denied. Request 5 Defendants move for the production of Jencks Act statements at least 60 days prior to trial.